Terms & Conditions
This document is an electronic record under the Information Technology Act, 2000, and rules thereunder as applicable, as well as the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. 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 Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires publishing the rules and regulations, privacy policy, and user agreement for access or usage of www.thodadrama.com website.
User Agreement
Your use of www.thodadrama.com and all the web pages, hyperlinks, tools, and services provided thereunder (hereinafter referred to as "the Website") is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. In this User Agreement, you are contracting with Thoda Drama, a company incorporated under the Companies Act, 1956, with its registered office at Thoda Drama, Mumbai, hereinafter referred to as "the Platform."
For the purpose of the User Agreement, "Registered User," "Visitor," and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing registration data while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User, and, in both cases, accepted this electronic version/electronic record of the User Agreement. A Registered User is one who has allocated themselves a unique identification username ("User ID" and "Password") to become a Registered User. The term "You" shall, unless the context otherwise requires, include your legal heirs, receivers, successors, liquidators, and permitted assigns.
As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance.' "Acceptance" shall mean your affirmative action in clicking on the 'check box' and/or on the ‘continue’ button and/or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third-party website user ID and password, including that of Facebook, Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter, or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘check box’ or on the ‘continue’ button or any other button and do not seek to obtain access to or otherwise use the Website.
Amendments to the User Agreement
The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time the Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
Important Disclaimers
The following disclaimers are key to determining any relationship between You and the Platform for Your use of the Website and for the Platform providing any services on the Website.
The Platform and its suppliers, affiliates, and service providers provide the Website and services on an "as is" basis and without any warranty or condition, express, implied, or statutory, and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. You expressly agree that your use of the Website is at your own risk.
The responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You.
The Platform, its associates, affiliates, and service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content or information/declarations provided by the Merchants for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links, or communications provided on or through the use of the Website, or that the operation of the Website will be error-free and/or uninterrupted.
The Website is only a venue where users may meet and interact with one another for their transactions. The Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website. The Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty, or assurance with respect to any goods or services made available on the Website. Further, the Platform does not guarantee, warranty, or provide any assurance on the behavior of any user of the Website including any guarantee, warranty, or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. Save as otherwise provided in the clause titled "Limitation of Liability," Your sole and exclusive remedy and the Platform's sole and exclusive responsibility and liability is to provide You with necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other users of the Website (including the sellers listed on the Website) with respect to any dispute.
Pursuant to the provisions of the Foreign Exchange Management Act, 1999, and applicable laws, the Platform may provide certain support services to facilitate the transactions between users of the Websites, and such independent services may include listing management, warehousing services, logistics services, making available courier services, and making available certain gems and jewelry certification services, and payment facilitation through nodal bank(s) under applicable laws. You understand, agree, and acknowledge that the Platform will engage independent third-party service providers to perform these services. The Platform may on a reasonable efforts basis procure ordinary industry-standard warranties from these third parties. You further understand, agree, and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commissions, omissions, misconduct, fraud, or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commissions, omissions, or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform, and in such an event, the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability."
You understand, agree, and acknowledge that the Platform uses third-party service providers to store and process Your personal information and other information which You provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and/or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Platform. You agree and understand that the Platform provides no guarantee, warranty, or assurance that such third-party service providers will protect Your personal information, and the Platform shall not be liable for any actions, commissions, omissions, misconduct, fraud, or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commissions, omissions, or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform.
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
Electronic Communications
When You use the Website or send emails or other data, information, or communication to the Platform, You agree and understand that You are communicating with the Website, the Platform, and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, the Platform, and all other Registered Users and Visitors as and when posted, communicated, or required.
Service of Notice: The Registration Data and email ID or Your account details of the third-party website through which You register with the Website will be construed as Your 'designated electronic address' and the Platform, Website, other Registered Users, Visitors, third parties, and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice/electronic record.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website.
Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872, and any other applicable laws for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, and any other applicable laws for this purpose, including minors and un-discharged insolvents, are not eligible to use the Website. If you are a minor, i.e., under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase, or bid for any items on the Website. As a minor, if you wish to purchase or sell an item on the Website, such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. The Platform reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to the Platform's notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract." 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