Thank you for using TenderShark! By accessing or signing up to the website and/or services, you agree to be bound by this User Agreement along with its services (collectively, the "User Agreement"), and to review and accept our Privacy Policy. Please read them carefully. You should review the Privacy Policy and User Agreement periodically for any modifications or changes.
The terms ‘visitor(s)’, ‘User(s)’, ‘you’, ‘your’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.
If you do not agree to be bound by this User Agreement you must not access or use our website and/or services. The website by the domain name www.TenderShark.com along with all services provided in the form and manner of mobile app, mobile site etc. (collectively termed as “Platform” or “Website”) are owned and managed by TenderShark.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This User Agreement may be updated from time to time by TenderShark without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Website, each time you access and/or use the Website.
The Website is operated and managed by Mogli Finance Private Limited, along with the products and/or services offered or made available on the Website (hereinafter “TenderShark” or “We” ). Any person ("User") who inquiries about or purchases any products or services of TenderShark through its websites, sales persons, offices, call centers, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement.
Both User and TenderShark are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
The User must possess the legal authority to enter into an agreement so as become a User and use the services of TenderShark. Before using the Website, approaching any Sales Channels or procuring the services of TenderShark, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User’s dealings and transactions with TenderShark. If the User does not agree with any part of this Agreement, then the User must not avail TenderShark's services and must not access or approach the Sales Channels of TenderShark. Services on the Website are available and targeted for India, services in certain geographies in India are subject to restrictions based on business hours and days of third-party sellers. TenderShark’s services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in India or other countries are not authorised to avail or use TenderShark’s services. User(s) further agree and consent to be contacted by TenderShark through phone calls, SMS notifications or any other means of communication, in respect to the services provided by TenderShark even if contact number(s) provided to TenderShark upon registration are on “Do Not Call Registry”.
If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement. For services been availed by business entity(ies) it is mandatory to provide GSTIN and/or business entity details, otherwise it will be presumed that it is a personal purchase and not a business purchase.
User(s) agree to abide by the User Agreement and any other rules and regulations imposed on the User under the applicable law from time to time. TenderShark shall have no liability to the User(s) or anyone else, for any content, information or any other material transmitted over the Website, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s). The User shall do its own due diligence before entering into any transaction with other users on the Website. TenderShark at its sole discretion reserves the right to refuse TenderShark services to anyone at any time without assigning reasons thereof. TenderShark services/Website are not available and may not be availed or used by User(s) whose accounts have been temporarily or indefinitely suspended by TenderShark.
All rights and liabilities of the User and TenderShark with respect to any services or product facilitated by TenderShark shall be restricted to the scope of this User Agreement.
By signing up or by using Website or the Sales Channel in any way, you consent to, and agree to comply with all the terms in this User Agreement.
Except as otherwise expressly permitted in this User Agreement, you agree that you will not give access to, forward, display, post or distribute any part of the content to any individuals, persons or companies. You agree that you will not use the Website to forward, display, post or distribute any part of the content or the suggestions for improvement to any public website including but not limited to YouTube, Facebook, Twitter or similar websites.
Some content displayed on the Website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Website using the self-submit and edit tools made at the respective User dashboard of the Website. User(s) may need to register and/or pay for using or availing some of these services. User(s) be solely responsible for compliance of all applicable laws including those in India for making payments.
User(s) understand and agree that in such case TenderShark is not the author of the content and that neither TenderShark nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Website. User(s) further understand and agree TenderShark is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third-party content made available on the Website and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. TenderShark shall not be liable for a User(s) activity on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
User(s) solely represent, warrant and agree to:
(a) provide TenderShark with true, accurate, current and complete information to be displayed on the Website;
(b) maintain and promptly amend all information provided on the Website to keep it true, accurate, current and complete.
You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or TenderShark has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement. TenderShark shall have the right to indefinitely suspend or terminate or block access of your membership to the Website and refuse to provide You with access to the Website.
User(s) hereby grant TenderShark an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the User Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Website, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Website (hereafter referred to as "Third Party Rights").
User(s) hereby represent, warrant and agree that User(s) shall be solely responsible for ensuring that any material or information posted or otherwise shared/authorised by the User(s) to TenderShark to be made available or displayed on the Website, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import, export and distribute the products offered and displayed on the Website, and that such manufacture, offer, sale, importation, exportation and/or distribution of those products violates no Third Party Rights.
User(s) agree that they will not use Website and/or its services to send junk mail, chain letters, pyramid scheme or spamming. Further, User(s) of the Website agree that they will not use the email accounts to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree (i) to host, display, upload, modify, publish, transmit, store, update or share; or (ii) submit to TenderShark for display on the Website or transmit or sought to be transmitted through the Website any content, material or information that does not and shall at no point:
Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
Belong to another person and to which User(s) do not have any right to;
Be part of a scheme to defraud other User(s) of the Website or for any other unlawful purpose;
Be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Be defamatory, abusive libellous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, paedophilic, hateful, invasive of another’s privacy, including bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
Solicit business from any User(s) in connection with a commercial activity that competes with TenderShark;
Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
Impersonates any person or entity, including, but not limited to, a TenderShark employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; and
Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or otherwise create any liability for TenderShark.
While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify TenderShark immediately in writing of any unauthorized use of their password or account or any other breach of security. TenderShark will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else's account at any time.
Your mobile phone number and/or e-mail address is treated as your primary identifier on the Website, it is your responsibility to ensure that your mobile phone number and your email address is up to date on the Website at all times. You agree to notify TenderShark promptly if your mobile phone number or e-mail address changes by updating the same on the Website.
TenderShark is the sole owner and the lawful licensee of all the rights to the Website and its content ("Website Content"). “Website Content” means the manner in which the design, layout, text, images, graphics, sound, video etc. are made available on the Website. The Website Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights on the Website and the Website Content shall remain in TenderShark, or licensors of the Website Content, as the case may be.
All rights, not otherwise claimed under this User Agreement by TenderShark, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Website or any offer displayed on or in connection with any service offered on the Website ("Website Information") is intended, solely to provide general information for the use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Website Information. TenderShark does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products obtained by the User(s) as a result of any Website Information.
The Website Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Website Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the User Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall TenderShark be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to contents of the Website. User(s) hereby acknowledge that any reliance upon the Website Information shall be at their sole risk and further understand and acknowledge that the Website Information has been compiled from publicly aired and published sources. TenderShark respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. TenderShark reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Website Information.
"TenderShark" and related icons and logos are registered trademarks or trademarks or service marks of TenderShark in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
All Website Content including Website Information is copyrighted to TenderShark excluding any third-party content and any links to any third-party websites being made available or contained on the Website. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
User(s) acknowledge and agree that TenderShark is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the Website have the right to sell the merchandise or provide the services offered by such User(s). TenderShark encourages User(s) to assist TenderShark in identifying listings on the Website which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, IIL does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which TenderShark declines to take down a listing, TenderShark does not and cannot be deemed to be endorsing that the listing is not infringing of Third Party Rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
TenderShark respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the Website Content, Website Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the Website ("TenderShark Content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with TenderShark, or otherwise commercially exploiting the TenderShark Content. Systematic retrieval of TenderShark Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TenderShark is prohibited.
In addition, use of the TenderShark Content for any purpose not expressly permitted in this User Agreement is prohibited and entitles TenderShark to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of TenderShark’s services, they will not use TenderShark’s services to infringe the intellectual property rights of any third parties in any way. TenderShark reserves the right to terminate the right of any User(s) to access or use TenderShark’s services for any infringement of the rights of third parties in conjunction with use of the TenderShark’s service, or in the event TenderShark is of the view that User(s) conduct is prejudicial to the interests of TenderShark, its affiliates, or other User(s), or for any other reason, at TenderShark’s sole discretion, with or without cause.
If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation in the following manner at legal@TenderShark.com:
Notice of Infringement (“Notice”) Part I To TenderShark Subject: Notice of trademark/copyright infringement of [Brand Name] I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows: 1.I am the owner/authorised representative of the intellectual property right, namely __________________ ("IP Owner"); 2.I have a good faith belief that the item listings or materials identified in Part II to the Notice hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights; 3.All the information provided by me in this Notice is accurate and correct; 4.I will be liable for appropriate civil and criminal proceedings if any of the information found in this notice is false and frivolous; and 5.I shall indemnify TenderShark and its directors/officers/employees/agents against any loss/actions/claims including but not limited to cost of any legal disputes, in connection with or arising out of any false and frivolous documentation provided by me. I may be contacted at: Name & Title of Authorised Person Name of the Company AddressEmail (correspondence) Telephone/Fax Request you to expeditiously remove or disable access to the material or products claimed to be infringing. For and on behalf of ______________________________ ______________________________ [Name of authorised signatory] Date: Place:The Website is a hosting platform that User(s) utilize to meet and interact with one another for their transactions. TenderShark is not and cannot be a party to or control in any manner any transaction between the Website's User(s).
Henceforward:
All commercial/contractual terms are offered by and agreed to between the Users i.e buyer and seller alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to products. TenderShark does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers. All discounts, offers (including exchange offers) are by the seller/respective brand and not by TenderShark.
TenderShark does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. TenderShark does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. TenderShark accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
TenderShark in no manner of whatsoever nature, is responsible for any non-performance or breach of any contract (directly or indirectly) entered into between buyers/Users’ and sellers. TenderShark cannot and does not guarantee that the concerned buyers/Users’ and/or sellers will perform any transaction concluded on the Website. TenderShark shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
TenderShark does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
TenderShark does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
At no time shall TenderShark hold any right, title or interest over the products nor shall TenderShark have any obligations or liabilities in respect of such contract entered into between buyers and sellers.
TenderShark is not responsible for (a) unsatisfactory or delayed performance of services; (b) damages or delays as a result of products which are out of stock; (c) unavailable or back ordered: and (d) non-delivery or loss related to non-delivery. Information on delivery periods is always non-binding. Significant, unforeseeable operational disruptions, delivery delays or delivery failures of the products for which TenderShark is not responsible, as well as operational interruptions due to shortages (in particular shortages of raw materials, energy or labor), strikes, lockouts, traffic disruptions, official control measures, official requirements and cases of force majeure (in particular war, epidemics, pandemics, etc.) shall postpone the delivery date by the duration of the impediment to performance. TenderShark may, under unforeseeable circumstances, be required to change the method of delivery or alter the time of delivery for reasons beyond its control. TenderShark shall not be held liable for any direct or indirect damages arising from changes in the method or time of delivery caused by unenforceable reasons. User (s) understand and acknowledge that such circumstances are beyond the control of TenderShark and may impact the timely delivery of the product.
Transactions, price and all commercial terms such as delivery, dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between Buyer and Seller; the Website is only a hosting platform that can be utilized by Users to reach a larger base to buy and sell products or services. Use of the Website shall not render TenderShark liable or responsible for the damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Website.
TenderShark aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to TenderShark by third-party sellers. In each such case, notwithstanding anything to the contrary, TenderShark reserves the right to cancel the order without any further liability.
Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Website will be sold at a price higher than its MRP (maximum retail price).
You release and indemnify TenderShark 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 Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, TenderShark cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
All product discounts and offers are by the sellers/brand and not by TenderShark. From time to time, TenderShark may conduct various types of marketing and promotional campaigns which may include offers, discounts and other promotional offers to be used on the Website. Such offers shall be subject to the terms and conditions which are solely determined by the TenderShark, and the terms of such discounts and offers may vary for the customers based on factors relating to the customer such as usage of the Website, volume of transactions, time spent on the Website, city, place of residence, time, etc.
TenderShark reserves the right to void, discontinue, cancel or reject the use of any of the offers, discounts or promotional offers without any prior intimation. The offers, discounts and promotional offers may be changed or amended from time to time. It is your responsibility to review and comply with the terms and conditions governing the offers, discounts and other promotional offers provided on the Website. The offers, discounts and promotional offers cannot be exchanged for cash and can only be availed in accordance with the terms and conditions of the offers, unless otherwise communicated.
Subject to TenderShark’s cancellation and/or return, refund and replacement policy as amended from time to time, if the User: (i) cancels any product which is subject to any promotions, offer or discounts; or (ii) returns any product purchased which is subject to any promotions, offer or discounts, the User will be eligible to receive only the refund of the amount paid by the User on the purchase of such product. In the event, any product is cancelled or returned in accordance with TenderShark’s Cancellation and/or Return, Refund and Replacement Policy (mentioned hereinbelow), then save and except as provided herein, any offer, promotion, discount applied to such product shall be forfeited.
The Users acknowledge and agree that TenderShark may, at the request of the seller, act as the payment agent for the limited purpose of accepting payments on behalf of such seller. The Users understand, accept and agree that the payment facility(ies) [if any] provided by TenderShark is neither a banking nor financial service but is merely a facilitator in providing a third-party payment processor for the transactions on the Website. Further, by providing payment facility, TenderShark is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. TenderShark will not be liable for any charges made by the Users bank in relation to payment of the total amount.
In connection with any order, information such as name, billing address and credit card information may need to be provided either to TenderShark or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. User(s) is requested to review such terms and conditions and privacy policy before using the Website. All business User(s) providing billing information, delivery address or other contact information of its end user/consumer to TenderShark or other delivery service provider, they shall ensure that it has necessary consents and approvals from the respective end user/consumer as may be required under applicable law.
TenderShark merely collects the payment on behalf of the seller, all applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be charged and determined by the seller. TenderShark holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the supplier. The transaction is bilateral between seller & the buyer and/or reseller & end users/consumers ("User Transactions"), TenderShark is not liable to charge or deposit any taxes applicable on such transaction.
The Website may contain links to third party websites. TenderShark does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and TenderShark shall assume no liability for the same. TenderShark is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the service providers or the advertisers. TenderShark does not endorse any advertisers on the Website, or any linked sites in any manner. The User(s) is requested to verify the accuracy of all information provided on the third-party web pages. The linked sites are not under the control of TenderShark and hence TenderShark is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. TenderShark is providing these links to the Users only as a convenience.
The features and services on the Website are provided on an " as is " and " as available " basis, and TenderShark hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. TenderShark makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Website. TenderShark does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any Third-Party Rights; and TenderShark makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website. Any material downloaded or otherwise obtained through the Website is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Website or through or from the Website shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall TenderShark be held liable for any delay or failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save TenderShark, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Website (including but not limited to the display of User(s) information on the Website) or from User(s)’s breach of any of the terms and conditions of this User Agreement. User(s) hereby further agree to indemnify and save TenderShark, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to TenderShark.
User(s) hereby further agree to indemnify and save TenderShark, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Website. User(s) hereby further agree that TenderShark is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). TenderShark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with TenderShark in asserting any available defences.
TenderShark shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
The use or the inability to use the Website;
Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the Website;
Delay in delivery or inability of the seller to provide product and/or services or inability to deliver the said product and/or services or any cost incurred by the User due to the abovesaid.
Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any User(s);or
Statements or conduct of any User(s) of the Website;
This User Agreement and the Privacy Policy shall be governed in all respects by the laws of Indian Territory. TenderShark considers itself and intends itself to be subject to the jurisdiction of the Courts of New Delhi, India only. The parties to this User Agreement hereby submit to the exclusive jurisdiction of the courts of New Delhi, India.
Headings for any section of the User Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
TenderShark’s failure to enforce any right or failure to act with respect to any breach by a User(s) under the User Agreement and/or Privacy Policy will not be deemed to be a TenderShark’s waiver of that right or TenderShark’s waiver of the right to act with respect with subsequent or similar breaches.
TenderShark shall have the right to assign its obligations and duties in this User Agreement and in any other agreement relating TenderShark services to any person or entity without any obligations for intimation of the same.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of the User Agreement shall be enforced.
All calls and queries to TenderShark are completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from TenderShark may be monitored and recorded.
We reserve the right, at our sole discretion, to change, modify or otherwise alter the terms and conditions set forth in these User Agreement at any time and you agree to be bound by such changes, modifications or alterations. Such modifications shall become effective immediately upon the posting thereof on the Website. You must review these User Agreement and the policies mentioned herein or displayed on the Website, on a regular basis to keep yourself apprised of any changes. Your continued use of our Sales Channel or use of the Website or or interaction with User(s) signify and confirm your assent to the terms and conditions of the Website or any amendments made thereof.
In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines and Digital Ethics Code) Rules, 201 and the Consumer Protection Act,2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance and Nodal Officer who can be contacted for any complaints or concerns pertaining to the Marketplace, including those pertaining to breach of the Terms of Use or any other policies are published as under:
Details of the Grievance and Nodal Officer is:
Name:
Mogli Finance Private Limited,
Address: Unit No. 305-310, Plot No. 9, 10 & 11 Vardhman Trade Centre, Nehru Place New Delhi -110019
Email id: legal@tendershark.com
Personal information supplied by User(s) during the use of the Web Site is governed by TenderShark’s privacy policy ("Privacy Policy"). Please click here to know about the Privacy Policy .