Terms of service

The “www.tmkocstore.com” (“Website”) is an online merchandising store owned and operated by NEELA MEDIATECH PRIVATE LIMITED, selling Taarak Mehta Ka Ooltah Chashmah merchandise which is owned by the parent company NEELA FILM PRODUCTIONS PVT. LTD.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY USING THIS WEBSITE, YOU CONFIRM AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE AMENDED OR CHANGED BY US AT ANY TIME AT OUR DISCRETION. YOU AGREE THAT YOUR CONTINUED USE OF THIS WEBSITE AFTER ANY SUCH AMENDMENT OR CHANGE SHALL CONSTITUTE YOUR AGREEMENT TO ANY SUCH CHANGES.

NEELA MEDIATECH PRIVATE LIMITED RESERVES THE RIGHT TO WITHDRAW OR DISCONTINUE AND/OR TERMINATE THE WEBSITE AT ANY STAGE WITHOUT PRIOR NOTICE AND WITHOUT ANY LIABILITY WHATSOEVER TO YOU.

This Terms of Use is an electronic record in the form of an electronic contract governed under the Information Technology Act, 2000. This agreement does not require any physical, electronic or digital signature.

For the purpose of these Terms of Use, wherever the context so requires "You", “Customer” or "User" shall mean any natural or legal person who has agreed to become a user of the Website by accessing, browsing, using and/or purchasing products offered via this Website and/ or by providing details while creating an account on the Website as a Registered Customer. The term "We", "Us", "Our" shall mean NEELA MEDIATECH PRIVATE LIMITED.

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to represent and bind the other party to this Agreement, on whose behalf You may act. In an event you are not competent to enter into a legally binding agreement under the applicable laws, you must ensure appropriate permissions have been acquired from Your legal guardian.

This Agreement shall continue to be in full force and effect for so long as you are using the Website.

These Terms of Use will govern the relationship between You and NEELA MEDIATECH PRIVATE LIMITED, with respect to your access and use of the Website. If any terms of this agreement conflict with any other document/electronic record, the terms and conditions of this agreement shall prevail, until further change / modifications are notified by NEELA MEDIATECH PRIVATE LIMITED.

NEELA MEDIATECH PRIVATE LIMITED reserves the right to add, modify, amend, cancel, limit, vary or change, either wholly, or in part, at any point in time, these terms and conditions, without prior notice. Further, NEELA MEDIATECH PRIVATE LIMITED reserves the right to withdraw, suspend, alter, modify, change or vary the Website, or part thereof, at its sole discretion, without prior notice. These Terms of Use have to be read in conjunction with the Privacy Policy and other policies which are made available on the Website.

1. Registration and Acceptance of the Terms of Use

• By accessing, browsing, creating an account and/or using the Website in any manner, you agree to these Terms of Use. In order to avail the features of the Website, customers may register themselves on the Website by submitting their name, contact number, email address and delivery address. Upon successful registration, a user account will be created for which will be accessible through the Website.
• Any user who has been suspended or removed by NEELA MEDIATECH PRIVATE LIMITED from accessing, browsing, creating an account and/or using the Website for any reason whatsoever is prohibited from doing so on the Website again.
• In order to access our Services and/or create an account on the Website you may be asked to disclose certain direct or indirect personal information to NEELA MEDIATECH PRIVATE LIMITED.
• You agree to ensure that the information provided by you is complete, accurate and up-to-date. Use of another user's/persons Information for creating an account and availing the services of the Website is expressly prohibited. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or NEELA MEDIATECH PRIVATE LIMITED has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NEELA MEDIATECH PRIVATE LIMITED has the right to suspend or terminate Your account and refuse any and all current or future use of the Website.
• You agree to immediately notify NEELA MEDIATECH PRIVATE LIMITED of any unauthorized use of Your account on the Website or any other breach of security. NEELA MEDIATECH PRIVATE LIMITED cannot and will not be liable for any loss or damage arising from Your failure to comply with Terms of Use in respect of the Website. You may be held liable for losses incurred by NEELA MEDIATECH PRIVATE LIMITED or any other user of the Website due to authorized or unauthorized use of your account as a result of your failure in keeping your account Information secure and confidential.
• You expressly agree that NEELA MEDIATECH PRIVATE LIMITED does not have any fiduciary duty or relation with you in any manner whatsoever.

1. Intellectual Property Rights

• The Website, its selection and arrangement, including but not limited to all text, graphics, user interfaces, data, videos, comments, written posts, software, graphics, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by NEELA MEDIATECH PRIVATE LIMITED and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights which belongs to NEELA MEDIATECH PRIVATE LIMITED and/or our parent company NEELA FILM PRODUCTIONS PRIVATE LIMITED.
• NEELA MEDIATECH PRIVATE LIMITED reserves the right to change or modify the Content from time to time at its sole discretion. The trademarks, logos and service marks displayed on the Website including but not limited “Taarak Mehta Ka Ooltah Chashmah” ("Marks") are the property of NEELA MEDIATECH PRIVATE LIMITED. You are not permitted to use the Marks without the prior consent of NEELA MEDIATECH PRIVATE LIMITED, or the third party, if any, that may own the Marks. Unless otherwise indicated, NEELA MEDIATECH PRIVATE LIMITED and/or NEELA FILM PRODUCTIONS PRIVATE LIMITED owns all intellectual property rights to the Website, including, without limitation, any and all rights, title and interest in and to copyright, trade mark, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
• Subject to this Terms of Use, NEELA MEDIATECH PRIVATE LIMITED hereby grants you a limited, non-exclusive, non-sub licensable and non-transferable license, to use the Website and the Content solely for purposes of using the Website and availing the Services provided therein. You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from NEELA MEDIATECH PRIVATE LIMITED or third party owners, if any, of such Content.
• You agree confirm and acknowledge that You shall not hyperlink the Website to any other website/ application without permission from us. Further, you may access information on the Website and download and print extracts from the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you by downloading or registering and you are expressly prohibited from using such materials for any commercial purpose unless agreed with us in writing.

1. Indemnity

• You agree to indemnify, defend and hold harmless NEELA MEDIATECH PRIVATE LIMITED, its holding company, subsidiaries, associate, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of this Terms of use; or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website and the Services therein; (iii) Your violation of any rights of another, including any intellectual property rights; (iv) Your violation of any applicable laws.
• Notwithstanding anything to contrary in this Terms of Use, in no event shall NEELA MEDIATECH PRIVATE LIMITED, its holding company, subsidiaries or associate or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you or anyone claiming through you in respect of any subject matter of this Terms of Use or under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not NEELA MEDIATECH PRIVATE LIMITED has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Website/ Content/ Services. Notwithstanding the above, NEELA MEDIATECH PRIVATE LIMITED's entire and aggregate liability, if any, to you under and in relation to these Terms and Conditions or otherwise shall not exceed the amount of INR 1000.

1. General

You shall not (and shall not permit any third party to) conduct any unlawful activity on or through the Website, either (i) take any action or (ii) host, display, upload, modify, publish, transmit, update or share any information, including without limitation any User Content which:

• belongs to another person and to which the you do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harms minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
• infringes any patent, trademark, copyright or other proprietary rights;
• contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
• attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any NEELA MEDIATECH PRIVATE LIMITED’s server, by hacking, password mining or any other illegitimate means;
• probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of NEELA MEDIATECH PRIVATE LIMITED, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• disrupt or interfere with the security of, or otherwise cause harm to, NEELA MEDIATECH PRIVATE LIMITED’s Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked Websites;
• use the Website or Content for any purpose that is unlawful or prohibited, or to solicit the performance of any illegal activity or other activity which infringes the rights of NEELA MEDIATECH PRIVATE LIMITED or other third parties;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• violate the terms of this Terms of Use.
• You agree that you are solely responsible to NEELA MEDIATECH PRIVATE LIMITED for any breach of your obligations under these Terms of Use or other agreements and for the consequences (including any loss or damage which NEELA MEDIATECH PRIVATE LIMITED or its group companies or its affiliates may suffer) for any such breach.
• You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use the offering/benefits provided through the Website. You may incur access or data fees from third parties in connection with your use of the Website. You are responsible for all such fees.
• You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur if you use any devices to interact with the Service or to receive communications from NEELA MEDIATECH PRIVATE LIMITED.

NEELA MEDIATECH PRIVATE LIMITED does not guarantee that the Website will be compatible with your device. NEELA MEDIATECH PRIVATE LIMITED may choose to make available updates, bug fixes, or other changes or enhancements to the Website from time to time; such updates may be automatic, at your election, or mandatory if you wish to continue using the Website, at NEELA MEDIATECH PRIVATE LIMITED discretion.

• All notices with respect to these Terms of Use from NEELA MEDIATECH PRIVATE LIMITED, will be served to you by email or by general push notification on the Website or such other mode of communication as may be chosen by NEELA MEDIATECH PRIVATE LIMITED in its sole discretion. Any notice provided to NEELA MEDIATECH PRIVATE LIMITED pursuant to these Terms of Use should be sent to NEELA MEDIATECH PRIVATE LIMITED Grievance Officer at support@tmkocstore.com.
• You agree and confirm herein that You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. NEELA MEDIATECH PRIVATE LIMITED's rights and/or obligations under the Terms of Use are freely assignable or otherwise transferable by NEELA MEDIATECH PRIVATE LIMITED to any third parties without the requirement of seeking your prior consent.
• If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. NEELA MEDIATECH PRIVATE LIMITED may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
• Any failure or delay by NEELA MEDIATECH PRIVATE LIMITED to enforce or exercise any provision of this Terms of Use, or any related right, shall not constitute a waiver by NEELA MEDIATECH PRIVATE LIMITED of that provision or right. The exercise of one or more of a NEELA MEDIATECH PRIVATE LIMITED’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to NEELA MEDIATECH PRIVATE LIMITED under these Terms of Use or in law or at equity. Any waiver by NEELA MEDIATECH PRIVATE LIMITED shall only be made in writing and executed by a duly authorized officer of NEELA MEDIATECH PRIVATE LIMITED.
• You and NEELA MEDIATECH PRIVATE LIMITED are independent parties, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and NEELA MEDIATECH PRIVATE LIMITED. You and NEELA MEDIATECH PRIVATE LIMITED have entered this Terms of Use on principal to principal basis.
• If performance of any service or obligation under these Terms of Use are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, epidemic or pandemic, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, any electronic miscommunications, utility or communication failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions, any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions or other failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of NEELA MEDIATECH PRIVATE LIMITED or any third parties performing such services as sub-contractor to NEELA MEDIATECH PRIVATE LIMITED (each, a “Force Majeure Event”), then NEELA MEDIATECH PRIVATE LIMITED shall be excused from such performance and shall have no liability whatsoever to any User of the Website or any third-party.
• NEELA MEDIATECH PRIVATE LIMITED is pleased to hear from its users and welcomes your comments regarding NEELA MEDIATECH PRIVATE LIMITED products and/ or services. However, NEELA MEDIATECH PRIVATE LIMITED’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. If, despite our request you send us any creative materials, suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of NEELA MEDIATECH PRIVATE LIMITED.
• None of the Information shall be subject to any obligation of confidence on the part of NEELA MEDIATECH PRIVATE LIMITED and NEELA MEDIATECH PRIVATE LIMITED shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, NEELA MEDIATECH PRIVATE LIMITED shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
• If you provide NEELA MEDIATECH PRIVATE LIMITED with any Information, you shall be deemed to have waived any rights, interest and ownership in the Information.

1. Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER NEELA MEDIATECH PRIVATE LIMITED, ITS AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY OBTAIN FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY OR LIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED ON AN AS-IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS WEBSITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEELA MEDIATECH PRIVATE LIMITED IS NOT LIABLE FOR THE DEFAMATORY OR OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL NEELA MEDIATECH PRIVATE LIMITED, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE, OR THE CONTENT/ PRODUCTS INCLUDED HEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NEELA MEDIATECH PRIVATE LIMITED TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT TORT INCLUDING ITS OWN NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY INCLUDING STRICT LIABILITY, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

1. Governing Law and Dispute Resolution

• This Terms of Use is governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold NEELA MEDIATECH PRIVATE LIMITED, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Website.