These Terms and Conditions are for the Use of www.TattooCultr.com website. This is a legal agreement (Agreement) between you and TattooCultr.com (Thinkologi Private Limited), a private limited company incorporated in India, (hereinafter referred to as 'TattooCultr', 'Our', 'Us', 'We') providing, among other things, the terms and conditions for your use of services, primarily a iOS and Android application hosted and managed remotely (the 'Services' or 'Website services'), and a web portal for providing access of consumers to tattoo & piercing services of various types through the website located at www.TattooCultr.com (the 'Website', 'Site', 'TattooCultr'). The site www.TattooCultr.com is owned and operated by Thinkologi Private Limited.
Please read the Terms and Conditions carefully. Your use of Services on the Website means you are consenting to these Terms and Conditions. You should archive the copy of this Agreement for your records.
These Terms and Conditions may be modified from time to time at TattooCultr's sole discretion and you may not be notified. It is your responsibility to review these Terms and Conditions from time to time. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Website services after any amendments. We reserve the right to include additional terms and conditions if we were to provide additional services or programs. You shall be bound by the same on your participation in such services or programs.
You represent that you have read and understood, and that you agree to be bound by this Agreement. The Website services are available to legal entities or individuals aged 18 years or older. By using the Website you represent that you are at least 18 years old.
You are solely responsible for the confidentiality of any password and other account information that you create in order to access or use the Services. You agree to notify us immediately on any unauthorized use of your account, user name, or password. You also agree that we are not liable in any manner for any loss that you may incur as a result of any third party using your password, either with or without your knowledge. You are solely liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to misuse of your account or password. Log-in to your account shall be used by one person. Multiple people are not permitted to share the same/single log-in.
SERVICE AND USE OF WEBSITE
TattooCultr provides Services through the Website - www.TattooCultr.com, and the application available on Apple's App Store and Google's Google Play as a Solution (SaaS) model. The details of the Services are provided here www.TattooCultr.com. Use of the Website may require you to use software provided by or operated from the Website, and on occasion we may make certain software available to you from the Website. To the extent you use such software or download such software from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") will be deemed to be licensed to you by us, for providing Services to you and enabling you to use those Services only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
We Shall: provide to you basic support for the Services at no additional charge use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: Planned downtime (of which We shall give at least 8 hours notice via the Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Indian Standard Time (IST) Friday to 6:00 a.m. Indian Standard Time (IST) Monday), or any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays and provide the Services only in accordance with applicable laws and government regulations.
Our Services may be subject to limitations, such as, for example, limits on disk storage space, on the number of accounts to make against Our application programming interface, and, other limitations dependent on the User Plan, for example, featured and non-featured listing of users or accounts. Any such limitations are specified in the User Plans. The Services provide real-time information to enable you to monitor your compliance with such limitations
We may suspend your ability to use or access the Website at any time while we investigate complaints or alleged violations of this Agreement, or for any other reason within our sole discretion. We cannot assure you of accessibility or availability of the website at all times but would strive for an uptime of 99.99%.
PAYMENT, FEES AND TAXES FOR PAID SERVICES (IF ANY)
You agree to pay all subscription fees, consulting fees and other fees applicable to your use of Services and you shall not circumvent the fee structure. The fee is dependent on the product or service that you purchase and not on actual usage or outcome of the product or services.
All fee paid at TattooCultr.com is non-refundable unless an exception is made by the Thinkologi Private Limited. Each User / Member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. TattooCultr is in no way responsible for any of the taxes except for its own income tax.
METHOD OF PAYMENT:
Online : The Fees could be paid online through the facility made available on the Website. Third parties support and services are required to process online fee payment. We are not responsible for any loss or damage caused to you during this process as these third parties are beyond the control of TattooCultr.
All Fees are exclusive of taxes. Current rate of Service Tax is levied on every purchase.
Fees not received within the specified due dates attract late charges of 18% per annum from the due-date of payment, which may levied at TattooCultr's discretion.
TattooCultr reserves the right to modify the fee structure by providing a 30 day prior notice, either by notice on the Website or through email to the Authorized User, which shall be considered as valid and agreed communication.
Non-payment of fee for a continuous period of 3 months, TattooCultr reserves the right to discontinue the Services to you and delete all information in your Account, apart from reserving any legal recourse available.
TattooCultr grants you a limited license to access and, if you are a Member, to use this Website internally for the Website's Services of ordering, receiving, delivering and communicating only as per this Agreement. You must not sell, copy, reproduce, modify, distribute, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Website in anyway other than those listed in this Agreement, including for any public or commercial purposes. You must not use any content of this Website on any other website or in a networked computer environment for any purpose other than your own viewing. You shall not reverse engineer or attempt to interfere with the operation of any part of this Website.
TattooCultr retains all its rights, title and interest in all copyrights, know-how, trade secrets, trademark, logo, the name TattooCultr, content, design and features on the Website. All other product names, marks, logos, symbols used on the Website may be the trademarks of their respective owners. The ownership of the data vests with the Authorized Users.
Unlimited License. The Site or Service may, now or in the future, permit users to submit content, such as comments and reviews and may also provide for the hosting, sharing or publishing of such content ("User-Generated Content"). We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. You hereby grant TattooCultr.com a perpetual, royalty-free, unlimited right to use, share, distribute, disseminate, duplicate and create derivative works from any User-Generated Content that you submit to the Site or Service.
Non-confidential and Non-proprietary
Any User-Generated Content you submit may be publicly available to other Site Users as well as members of the general public. You agree and acknowledge that, without regard to whether such content is published, TattooCultr.com cannot and does not guarantee any confidentiality or security of any User-Generated Content. You further understand and agree that TattooCultr.com does not warrant or verify the accuracy of any User-Generated Content. Your decision to submit, accept or rely on any User-Generated Content is at your own risk.
You shall also be solely responsible for any User-Generated Content you submit and the consequences of posting or publishing such, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. With respect to any User-Generated Content you submit, you agree you will not: (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant TattooCultr.com all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site or Service to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of TattooCultr.com, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site or Service; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law (ix) collect or store personal data about other Users.
Removal of Content
While we are not obligated to do so, we reserve the right to refuse or remove any User-Generated Content from the Site or Service that we reasonably consider to violate this Agreement or to otherwise be illegal or objectionable. Further, if we deem appropriate in our sole discretion, we reserve the right to preserve a record of any User-Generated Content that we reasonably believe may to be illegally posted or to otherwise violate the law or the rights of a third party, and to turn all or a portion thereof over to law enforcement officials.
You hereby acknowledge and agree that TattooCultr.com has the right, but not the obligation, to monitor the Site or Service, the Site Information and any User-Generated Content that you or any third party transmit or post, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site or Service properly, to protect itself, its sponsors, its registered Users and visitors, and to comply with legal obligations or governmental requests. TattooCultr.com also reserves the right to, without advance notice, suspend, block or deny any User access to the Site, Service or Site Information when in TattooCultr.com's sole discretion we believe the User has violated any of the terms of this Agreement.
AFFILIATED / EXTERNAL SITES
Our Site may be linked to the website of third parties, affiliates and business partners. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality for such websites or made available by / through our Website. Inclusion of any link on our Website does not imply that we endorse the linked site. You use the links and these services at your own risk.
All Users agree to adhere to the below code of conduct.
Express or imply that any statements you make are endorsed by us; Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; any material, non-public information about companies without the authorization to do so; any trade secret of any third party; or any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding; any job posting involving any franchise, club membership, distributorship or sales representative agency arrangement or other business opportunity.
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or software; Remove any copyright, trademark, or other proprietary rights notices contained in the Website; "Frame" or "mirror" any part of the Website without our prior written authorization; Link to any page of or material on the Website other than the URL located at www.TattooCultr.com. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or Harvest or collect information about Website visitors or members without their express consent.
The Services provided by TattooCultr or any of our licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Website by any third party.
COMPLIANCE TO LAWS
The Users are solely responsible for compliance to all applicable laws, including member history, work records, confidential information and privacy laws. TattooCultr is a facilitator for practice management and provides technology platform. TattooCultr is in no way responsible, liable, accountable for member information available on the software provided by TattooCultr.
You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Website, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
TattooCultr will be providing you with access to tattoo & piercing service providers, including but not limited to tattoo artists & Studios. TattooCultr will also give you the ability to purchase tattoo services online through our website. In all of these cases, TattooCultr will bear no responsibility for the quality of the service delivered by the vendor or provider of the service, as TattooCultr does not have any control over the quality of the service. If you accept or use a Voucher for an Offering, you agree that such offering is made only by the vendor or provider named in the offering and that the vendor or provider is solely responsible for honoring and redeeming the Voucher and for providing the goods and services specified in the Voucher. You further agree that TattooCultr.com is not obligated to redeem the Voucher, provide the goods and services specified in the Offering, or provide any refunds on the Offering if a vendor or provider fails to redeem the Voucher or fails to provide the products and services specified in the Voucher, or if you are dissatisfied in any way with those products and services. While we may attempt to assist you and work with a vendor or provider if you have concerns about an Offering, you acknowledge that by doing so we are not assuming any liability to you relating to the Offering or the products and services provided by that vendor or provider. You understand and agree that TattooCultr.com makes no guarantees or warranties about any product or service offered by a vendor or provider, is not responsible for bad services or defective products provided by a Merchant, and is not responsible for any statement, representations or warranties made by a merchant in a voucher or offering to the maximum extent permitted by law, you waive, release and discharge TattooCultr.com and any of its parent, subsidiary and related companies, and each of their officers, directors, employees and agents, from any and all claims, losses, damages, liabilities, injuries, expenses and causes of action arising out of your purchase or use of the offering, the vendor or provider’s failure to redeem any voucher, the goods and services provided by a vendor or provider, or your satisfaction with the goods and services provided by a vendor or provider.
You can terminate your Membership with us at any time by providing 30 days of prior written notice to [email protected]. We need this period to inactivate your Account, only after verifying if there are any ongoing or pending Services or payments. We may want you to continue until the completion of an on-going Service should the situation warrant.
You shall be obligated to pay TattooCultr for any Services for which you have procured. TattooCultr reserves the right to terminate any Account in cases you breach any terms and conditions of this Agreement. We are unable to verify or authenticate any information you provide to us; or we believe in our sole discretion that your actions may cause legal liability for you, our Users or for TattooCultr or are contrary to the interests of the Website.
Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Website under the same Account, a different Account or re-register under a new Account. On termination of your Account due to the reasons mentioned herein, you shall no longer have access to data, messages, files and other material you keep on the website. Please ensure that you have continuous backup of the Services you have rendered in order to comply with your record keeping process and practices.
Return of Your Data
Upon request by you made within 30 days after the effective date of termination of a Services subscription, We will make available to you for download a file of your Data in comma separated value (.csv) format. After such 30-day period, We shall have no obligation to maintain or provide any of your Data and shall thereafter, unless legally prohibited, delete all of your data in our systems or otherwise in Our possession or under Our control.
In the event we suspend or terminate your registration or Account, we reserve the right but not an obligation to notify other Members provide them the reason for the action that we have taken. Even after termination, certain obligations mentioned under Warranty Disclaimer, Limited Liability, Indemnity Intellectual Property, Dispute Resolution will continue and survive termination.
If you have any questions, issues, complaints regarding any of our Services, please contact our customer service at [email protected]
Our goal is to provide Services efficiently and communicate effectively with Users / Members to prevent any dispute. Should a dispute arise between you and TattooCultr, you shall agree with us to resolve such dispute quickly and cost effectively. Before resorting to any legal recourse we urge you to contact our Customer Service team so that we can resolve issues amicably.
NOTICES AND COMMUNICATION
TattooCultr communicates with you through the email address you have provided us. It is your responsibility to keep your email address and mail address updated at all times. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. If you fail to respond to an email message regarding violation, dispute or complaint within two business days, we reserve the right to terminate or suspend your Account.
All notices to us intended to have a legal effect must be in writing and delivered to the following address:
Thinkologi Pvt. Ltd. – 7, Basement, Siri Fort Road, New Delhi, India – 110049
If any provision of this Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.