Welcome to TRIBAL SPOON!!
These terms and conditions govern the way in which our products, services and website serve and functions. Please note that by using our website, services and products, you agree to our terms and conditions so please read them carefully.
As the contents and products sold through this website are diverse and liable to change with changes within the market and economy, there shall be additional terms added so it is advisable that you are aware of the additional terms and conditions. The additional terms may be available with the relevant products and those additional terms will become part of your agreement with us if you use or purchase the product.
Copyright and Trademark
Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks and/ or other intellectual properties owned by Tribal Spoon or by other parties that have licensed their material to Tribal Spoon.
All rights not expressly granted are reserved.
License & Site access
Tribal Spoon grants you a limited sub-license to access and make personal use of this site. You are however not allowed to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tribal Spoon. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tribal Spoon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Tribal Spooon and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or Tribal Spoon’s name or trademarks without the express written consent of Tribal Spoon. Any unauthorized use terminates the permission or license granted by Tribal Spoon.
You may not use the Site for any of the following purposes:
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Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
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Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
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Gaining unauthorized access to other computer systems.
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Interfering with any other person's use or enjoyment of the Site.
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Breaching any applicable laws;
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Interfering or disrupting networks or web sites connected to the Site.
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Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Account & Registration Obligations
All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service.
Pricing
Tribal Spoon 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 us by third-party seller. In each such case, notwithstanding anything to the contrary, the Company 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 Marketplace will be sold at a price higher than its MRP (Maximum Retail Price).
Products
Tribal Spoon reserves the right to refuse access, sale and purchase of good and use of services to any person, geographic region or jurisdiction. This will be looked upon on a case by case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, due to factors such us but not restricted to seasonal variance, inflation, availability and demand. We reserve the right to discontinue any product at any time.
Although We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Some of the images shown on the website along side products serves for aesthetic and promotional purposes and will be notified to you on the images. Please read all product descriptions to avoid any confusion during purchase.
Objectionable Material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Tribal Spoon and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Reviews, Feedback, Submissions
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the website or otherwise disclosed, submitted or offered in connection with use of the website (collectively, the Comments) shall be and remain the property of the Tribal Spoon. Such disclosure, submission or offer of any Comments shall constitute an assignment to Tribal Spoon of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Tribal Spoon shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
Tribal Spoon will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the website will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. Tribal Spoon does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the website. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify Tribal Spoon and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the website from a third party shall be at your sole risk and expense.
Indemnity
You agree to defend, indemnify and hold harmless Tribal, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Tribal Sppon or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your 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 User Agreement.
Disclaimer of Warranties and Liability
This Website, all the materials, products and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Tribal Spoon does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
Tribal Spoon will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Tribal Spoon does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of Nagaland. The Courts at Dimapur shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Tribal Spoon and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The High Court of judicature at Dimapur alone shall have the jurisdiction and the Laws of Nagaland shall apply.
Termination
This User Agreement is effective unless and until terminated by either Tribal Spoon. Tribal Spoon may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Tribal Spoon. Upon any termination of the User Agreement by Tribal Spoon, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Tribal Spoon's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
Modification of Terms & Conditions of Service
Tribal Spoon may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
