Last updated on: April 20, 2020

By signing up for Tanika Tech Services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

1. Account Terms

  1. To access and use the Services, you must register for on Tanika Tech by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Tanika Tech may reject your request to setup your e-commerce or cancel an existing Service, for any reason, in our sole discretion.
  2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
  3. You confirm that you are receiving any Services provided by Tanika Tech for the purposes of carrying on a business activity and not for any personal, household or family purpose.
  4. You acknowledge that Tanika Tech will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
  5. You are responsible for keeping your password secure. Tanika Tech cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  6. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  7. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Tanika Tech may result in an immediate termination of your Services.

2. Account Activation

2.1 Store Owner

  1. The person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.
  2. If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  3. Your Store can only be associated with one Store Owner. A Store Owner may have multiple Stores. “Store” means the online store or physical retail location(s) associated with the Account.

2.2 Staff Accounts

  1. The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service:

  1. Technical support in respect of the Services is only provided to registered Users.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Mumbai and the laws of India applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  3. You acknowledge and agree that Tanika Tech may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Tanika Tech’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted on website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  4. You may not use the Tanika Tech’s Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of India and the Province of Mumbai. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Tanika Tech.
  6. The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services”). You will only use the SMS Services in compliance with the laws of the jurisdiction from which you send messages, and in which your messages are received.
  7. You acknowledge and agree that your use of the Services, including information transmitted to or stored by Tanika Tech, is governed by its privacy policy.
  8. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Tanika Tech shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Tanika Tech’s prior written consent, to be given or withheld in Tanika Tech’s sole discretion.
  9. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

4. Tanika Tech Rights

  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Tanika Tech customer, Tanika Tech employee, member, or officer will result in immediate Account termination.
  5. Tanika Tech does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Tanika Tech employees and contractors may also be Tanika Tech customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
  8. Tanika Tech retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Tanika Tech reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over your account, we can freeze the account or transfer it to the rightful owner, as determined by us.

5. Confidentiality

  1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Tanika Tech’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
  2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

WHICH MEANS

Both you and Tanika Tech agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

6. Limitation of Liability

  1. You expressly understand and agree that, to the extent permitted by applicable laws, Tanika Tech shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
  2. To the extent permitted by applicable laws, in no event shall Tanika Tech or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Tanika Tech partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
  3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. Tanika Tech does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
  5. Tanika Tech does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
  6. Tanika Tech does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.

7. Waiver and Complete Agreement

The failure of Tanika Tech to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Tanika Tech and govern your use of the Services and your Account, superseding any prior agreements between you and Tanika TEch (including, but not limited to, any prior versions of the Terms of Service).

8. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Materials you provide to the Tanika Tech Service. All Materials you upload remains yours. You can remove your Tanika Tech Store at any time by deleting your Account.
  2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Tanika Tech to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Tanika Tech can, at any time, review and delete all the Materials submitted to its Service, although Tanika Tech is not obligated to do so.
  3. You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
  4. Tanika Tech shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

9. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days’ notice from Tanika Tech. Such notice may be provided at any time by posting the changes to the Tanika Tech Site (tanika.tech) or the administration menu of your Tanika Tech Store via an announcement.
  2. Tanika Tech reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
  3. Tanika Tech shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

10. Third Party Services

  1. Tanika Tech may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Tanika Tech App. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
  2. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Tanika Tech has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Tanika Tech websites, including the Tanika Tech App or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Tanika Tech. Tanika Tech does not guarantee the availability of Third Party Services and you acknowledge that Tanika Tech may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Tanika Tech is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Tanika Tech strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
  3. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Tanika Tech is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials. Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps Terms of Use.
  4. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Tanika Tech is not obligated to intervene in any dispute arising between you and a Third Party Provider.
  5. Under no circumstances shall Tanika Tech be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Tanika Tech has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
  6. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Tanika Tech partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

11. Feedback and Reviews

Tanika Tech welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Tanika Tech be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Tanika Tech (whether submitted directly to Tanika Tech or posted on any Tanika Tech hosted forum or page), you waive any and all rights in the Feedback and that Tanika Tech is free to implement and use the Feedback if desired, as provided by you or as modified by Tanika Tech, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Tanika Tech must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Tanika Tech reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

Tanika Tech welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Tanika Tech be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Tanika Tech (whether submitted directly to Tanika Tech or posted on any Tanika Tech hosted forum or page), you waive any and all rights in the Feedback and that Tanika Tech is free to implement and use the Feedback if desired, as provided by you or as modified by Tanika Tech, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Tanika Tech must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Tanika Tech reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

12. Privacy & Data Protection

Tanika Tech is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Tanika Tech’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Tanika Tech is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Tanika Tech’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.