Terms and Conditions of Tata Indicom for On-line Sales Transactions.

Definitions: For the purpose of these terms and conditions, the following words and phrases shall have the meaning respectively assigned to them as under: (a) Company” shall mean Tata Teleservices Limited. (b) Customer” shall mean any individual, group of individuals, firm, and company placing an order for the Products through the Online Store. (c) Delivery Cost” shall mean the price at which the Products are to be delivered to the Customer including handling, insurance, freight and transport charges, if any. (d) Merchant” shall mean the entity incorporated or otherwise, which sells its products through the Online Store and shall include the Company with respect to the Products offered by it on the Online Store. (e) Online Store” means this website accessible at url address "www.ichoose.in" or through www.tataindicom.com and all WebPages contained herein operated by or for and on behalf of the Company. (f) Order” shall mean the offer for purchase of the Products (or any of them) made by the Customer via the facilities provided on the Online Store. (g) Products” shall mean goods or services offered by the Merchant for sale on the Online Store. (h) Working Day” shall mean 10 am to 7 pm working hours & any day other than Saturday, Sunday or other day on which the Company’s offices are closed. The Customer is hereby informed that the Company hereby disclaims any and all liabilities and responsibilities for compliance with any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Standard Weights & Measures legislation and Excise/Import duties as regards the goods and services offered on the Online Store. Unless otherwise stated, taxes shall be charged extra to the Customer. The Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Customer, or any other party whomsoever, arising on account of any transaction contracted via the Online Store or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party or being stolen property or proceeds of illegal activity/ies. The Customer is advised to carefully read the various disclaimers on the website www.tataindicom.com . In addition to these terms and conditions, the Customer shall also be bound by the terms and conditions of the Customer Application Form/Handset Enrolment Form/Tripartite Agreement and other documents, which he signs or otherwise agrees to with regard to the Products and the Terms of Use of the www.tataindicom.com website. The ownership and title in the Product shall always remain with the Merchant until the Customer has duly paid the price specified for the said Product. Upon payment of the specified price, the ownership and title in the Product (together with all risks in respect thereof) shall get transferred to the Customer without the need for any further action/s. Until the transfer of ownership and title in the Product is completed as above, the Customer shall not move, transfer, modify, charge, pledge or otherwise encumber, appropriate or dispose of the Product in any manner whatsoever without the prior written consent of the Merchant (or its assigns). Payments made via the payment facility provided on the Online Store shall be acknowledged subject to realization. The Customer is hereby informed that estimates of delivery times and periods specified by the Company are indicative only and no guarantee is made by the Company, the Merchant or the delivery agent that an order will be delivered within the specified time. The Company shall not be liable if delivery of the Products is delayed or fails on account of incomplete or incorrect information provided by or on behalf of the Customer and expressly disclaims any and all liabilities in this connection. The Customer is advised to carefully inspect the Products delivered to it by or on behalf of the Company pursuant to placing an Order on the Online Store. The Company shall not be liable to make good any defects/deficiencies found in the Products once the delivery thereof has been accepted by the Customer. Unless otherwise specifically represented by the Merchant, the Product offered on the Online Store will be provided to the Customer on an “AS IS WHERE IS BASIS” and the Company hereby disclaims any and all warranties or guarantees under law and contract in respect of the Products. The Customer shall not hold the Company liable for any defect or deficiency in the Product/s. The Customer shall however be entitled to enforce against the Merchant, warranty and/or guarantee obligations, if any, undertaken by the Merchant. Unless otherwise specifically represented by the Merchant, the Product offered on the Online Store are offered purely on a “NO EXCHANGE, NO REFUND” basis. The Company and the Merchant reserve the right to initiate civil/criminal proceedings and/or other legal action against the Customer in case of breach of any of the terms and conditions set forth herein. The Customer shall: (a) Comply with all notices, directions or instructions given by us from time to time with respect to the use of the Online Store; (b) Not under any circumstances create or cause a situation whereby other users are affected in their enjoyment and / or use of the Online Store; and (c) Warrant and undertake not to undermine the security or integrity of the computer systems or networks used by the Company for providing the facility of the Online Store, including without limitation by importing any viruses, Trojan horses, surreptitiously intercepting such systems or networks, and not gain or attempt to gain unauthorized access to such computer systems or networks. The Customer shall take all necessary measures (including but not limited to changing his/her password from time to time) to protect secrecy his/her User Id and password and shall not divulge the same to any other person(s). The Company shall not be held responsible for any loss or damage suffered or incurred by the Customer or any third party due to any wrongful use of the Customer’s User Id, account or credit card or other personal information by any other person no matter how much loss or damage is caused. Where a User Id is necessary to access any part of Online Store, the Customer shall use only his/her own User Id. The Customer shall be responsible to immediately notify the Company of any unauthorized use of the Customer’s User Id, account, credit card or of any other breach of security known to the Customer. The Customer (and not the Company) shall be responsible for maintaining records relating to the Customer’s transactions carried out via the Online Store. The Company shall not be responsible to provide historical data or to assist in providing such information to the Customer. The prices, specifications and availability of the Products shall be subject to change, withdrawal or discontinuance at the Company’s discretion without the need to assign any reason to the Customer. The Customer is hereby informed that the pictorial depiction and any description or specification of any Product on the Online Store may not be accurate and may differ from the Product actually delivered to the Customer. The Company also reserves the right to reject the Customer’s order for any Product. The Company hereby expressly disclaims any and all liabilities for any inaccuracy, errors or discrepancies on the Online Store in relation to any Product or for rejection of the Customer’s order. All returns and replacements for Products that carry a Merchant's warranty must be made directly to the Merchant and in accordance with the terms and conditions as stated in the warranty card. Without prejudice to any other rights or remedies available to the Company, the Company may, (but is under no obligation to) at any time and in its absolute discretion, suspend the Customer’s use of the Online Store without incurring any liability whatsoever to any person and for whatsoever reason including without limitation where the Company suspects that the Customer has been using the Online Store facility in breach of any laws or regulations, or any other warranties contained in these terms and conditions. These terms and conditions are governed by, and shall be construed in accordance with, the laws of India. Any dispute arising out of or related to or connected with any these terms and conditions shall be subject to the exclusive jurisdiction of the courts located in the city in which the main circle office of the Company administering the circle in which the Customer is registered as Tata Indicom subscriber, is located. E.g. If the Customer is registered as Tata Indicom Subscriber in the Tamil Nadu Circle, the courts at Chennai would have exclusive jurisdiction. The law in force on India shall govern the obligations, performance, interpretation and contents. No failure on the part of the Company to exercise, and no delay on its part in exercising, any right or remedy under these terms and conditions will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise). The rights and obligations under these terms and conditions shall not be capable of assignment by the Customer and shall be binding on and inure for the benefit of the Customer and his/her successors and permitted assigns. The Company shall not have any liability for any delay or default in the performance of its obligations under these terms and conditions caused by circumstances beyond its control including but not restricted to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, failure of computer systems, strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any of the events mentioned above, the Company shall for the duration of such event, be relieved of any such obligation under these terms and conditions as is affected by the said event, PROVIDED that the provisions of these terms and conditions shall remain in force with regard to all other obligations under these terms and conditions which are not affected by such event. If any provision in these terms and conditions is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The Company reserves the right to change these terms and conditions in any manner from time to time without being liable to assign any reason for the same or to inform the Customer or any third party about such change/s. You are requested :- • To sign the application form. • To kindly provide a passport size photograph, copy of proof of identity & copy of proof of address (list of valid documents are given below) at the time of delivery • To take delivery of your orders personally at the delivery address provided by you. PROOF OF IDENTITY (mandatory - any one of listed ) • Passport. • Arms License • Driving license. • Election commission card. • Ration Card with photograph, for the person whose photo is affixed • CGHS / ECHS Card • Certificate of address having photo issue by MP/MLA/ Group A Gazetted officer in letter head. • Certificate of address with photo from government recognized educational institutions (For students only) • Certificate of Photo Identity issued by Village Panchayat head or equivalent authority (Only in Rural areas). • Income Tax PAN Card. • Credit Card with Photograph. • Address card with photo issued by department of posts, Government of India. • Smart Card Issued by CSD / Defence / Paramilitary. • Current passbook of post office any scheduled bank, having photo • Photo Identity card (of central government / PSU or State Government / PSU only). • Pensioner card having photo • Freedom Fighter card having photo • Kisan passbook having photo PROOF OF BILLING ADDRESS (mandatory - any one of listed ) • Passport • Arms License • Driving license • Election commission card • Ration Card address • CGHS / ECHS Card • Certificate of address having photo issue by MP/MLA/ Group A Gazetted officer in letter head • Certificate of address with photo from government recognized educational institutions (For students only) • Certificate of Photo Identity issued by Village Panchayat head or equivalent authority (Only in Rural areas) • Water Bill (not older than last 3 months). • Fixed Line Telephone Bill (not older than last 3 months). • Income tax assessment order • Vehicle registration certificate • Registered sale / lease agreement • Address card with photo issued by department of posts, Government of India. • Current passbook of post office any scheduled bank, having photo. • Photo Identity card (of central government / PSU or State Government / PSU only ) • Credit card statement (not older than 3 months) • Cast and domicile certificate with address and photo issued by state government like Assam etc • Valid Driving license (permanent or learning) issued by Govt. of India. • Pensioner card having photo • Freedom Fighter card having photo • Kisan passbook having photo