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TERMS OF USE

Effective date for policy: 01/11/2023.

Contact Us
If you have any questions about our Terms of Use, please contact us at support@tintaccessories.com

1. INTRODUCTION

This Terms of Use (hereinafter the “Agreement”) is an agreement between you (hereinafter “you” or “user”) and Skyline Solutions and its affiliates (collectively, “TiNT”, “we”, “us” and “our”). The Agreement is applicable to all the users or browsers accessing TiNT’s website or applications that reference or link to this Agreement.

Before creating an account on TiNT’s website or using TiNT’s Services or Products, you should carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding service fees, applicable laws, dispute resolution, the exemption of TiNT from liabilities or restrictions to its liabilities, and your rights and obligations. Those terms and conditions are highlighted in bold for your convenience.

By clicking “Agree” on the relevant web page/applications and/or creating and using a user account (hereinafter “Account”), you are regarded as having read, understood, and agreed to this Agreement and to be bound by its terms. If you do not agree to this Agreement, you have the right to exit and cease using TiNT’s Services or Products.

2. USER ACCOUNT, ACCURACY & SECURITY

2.1 Creating an Account

When you access and use certain parts of TiNT’s website www.tintaccessories.com, you may be asked to create a user account and provide information that personally identifies you. After successfully creating your account, you can use it to log in to TiNT’s website without needing to create an account again.

2.2 Information Accuracy

For the information you provided, we will only process that information for the purposes of verification of your identity, we will not process that information for unrelated purposes. You represent and warrant that all user information you provide in connection with your Account and your use of TiNT’s Services or Products is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal profile. You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we have the right to refuse you access to TiNT’s Services or Products. For additional information, see our Privacy Policy.

2.3 Account Security

You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to TiNT’s Services or Products. You agree to notify us immediately of any unauthorized use of your Account. We shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.

3. PRIVACY POLICY & COOKIES

By using TiNT’s products and services, you represent and warrant that you have read, understood and agreed to be bound by our Privacy Policy (the “Privacy Policy”).

As explained more fully in the Privacy Policy, TiNT’s website uses Cookies to collect certain information from you. Before using TiNT’s website, please carefully read and fully understand our Cookie Notice in Privacy Policy (section 9).

4. ELIGIBILITY

By accessing and/or using TiNT’s Services or Products, you represent and warrant that you are at least eighteen (18) years of age and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using TiNT’s Services or Products on behalf of a business entity, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that business entity.

5. PURCHASES & PAYMENTS

If you purchase a Product through TiNT’s website, you will be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through TiNT’s website, and acknowledge and agree that we have the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, we will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation Email”). The Order Confirmation Email is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send email confirmation to you that we’ve dispatched the product to you.

If you are not fully satisfied with the purchase you made on TiNT’s website, you may return the Product, in its original seal unbroken condition, to us for a refund within two (2) days of the date of receiving the product. You can request and arrange for such a refund by contacting us via TiNT’s website or by filling out the form at www.tintaccessories.com/contact-us/ After the 2-day refund window has expired, your only recourse regarding the Products is through our Warranty Policy.

6. LICENSE TO USE SERVICE

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access TiNT’s Services or Products for your personal use.

This license does not include, and you must not:

(i) Republish material from TiNT’s Services or Products (including republication on another service), sell, rent or sub-license material from TiNT’s Services or Products.

(ii) Show any material from TiNT’s Services or Products in public without our prior approval.

(iii) Reproduce duplicate, copy or otherwise exploit material on TiNT’s Services or Products for a commercial purpose.

(iv) Edit or otherwise modify any material on TiNT’s Services or Products.

(v) Redistribute material from TiNT’s Services or Products except for content specifically and expressly made available for redistribution.

Unless otherwise stated, we and/or our licensors own the intellectual property rights in TiNT’s Services or Products and material on TiNT’s Services or Products, and all rights not expressly granted in this Agreement are reserved by us.

7. ASSUMPTION OF RISK; RELEASE

You knowingly and freely assume all risk when using TiNT’s Services or Products. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify TiNT and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, parents, subsidiaries, and related entities, including but not limited to Skyline Solutions from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or third parties, that may result from your use of TiNT’s Services or Products.

8. USER CONTENT

In the Agreement, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to TiNT’s Services or Products, for whatever purpose.

You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights, provided, however, that we shall not bring an action for infringement of any Product reviews posted by you without your express further permission.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to TiNT’s Services or Products that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

We reserve the right to edit or remove any material submitted to TiNT’s Services or Products stored on our servers, or hosted or published upon TiNT’s Services or Products.

Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, TiNT’s Services or Products.

9. NO WARRANTIES; LIMITATION OF LIABILITY

9.1 No Warranties

We, on behalf of ourselves and our licensors and suppliers, expressly disclaim any and all warranties, express or implied, regarding TiNT’s Services or Products, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither we nor our licensors or suppliers warrant that TiNT’s Services or Products will meet your requirements, or that the operation of TiNT’s Services or Products will be uninterrupted or error-free. We disclaim all implied liability for damages arising out of the furnishing of TiNT’s Services or Products pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish TiNT’s Services or Products, whether caused by acts of commission or omission, or any other damage occurring. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of us, Skyline Solutions, our users, or their agents or representatives.

9.2 Your Responsibility for Loss or Damage; Backup of Data.

You agree that your use of TiNT’s Services or Products is at your sole risk. You will not hold us or our licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of TiNT’s Services or Products, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. TiNT’s Services or Products may contain bugs, errors, problems, or other limitations.

9.3 Limitation of Liability

In no event shall we or our licensors or suppliers be liable to you for any claims arising from your use of TiNT’s Services or Products, including without limitation for special, incidental, or consequential damages, lost profits, lost data, or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to us or our licensors and suppliers arising out of or in connection with your use of TiNT’s Services or Products. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and us. TiNT’s Services or Products would not be provided without such limitations.

9.4 Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and us or between you and any of our licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Our licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through TiNT’s Services or Products or otherwise shall alter any of the disclaimers or limitations stated in this section.

9.5 No Advice

Nothing on TiNT’s Services or Products constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.

10. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US

By creating an account and providing your email address to us, you expressly consent to receive electronic and other communications from us, over the short term and periodically, including email communications and WhatsApp notifications. These communications will be about your purchases, customer services, inquiries, offers, discounts, etc.

In addition, we may send or display information to you regarding TiNT’s Services or Products, upcoming promotions, and other information that may be of interest to you, by using your email address and mobile number that you have provided to us, or any other appropriate means, subject always to obtaining your prior opt-in consent to the extent required under applicable law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional electronic communication we send or by unsubscribing online at www.tintaccessories.com. After you unsubscribe, we will not send you further promotional emails, but in some circumstances, we will continue to contact you to the extent necessary for the purposes of any Site, products, or services you have requested.

11. INTELLECTUAL PROPERTY

You represent and warrant that, when using TiNT’s Services or Products, you will obey all applicable laws and respect the intellectual property rights of others. Your use of TiNT’s Services or Products is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

11.1 Trademarks

TiNT and the related logos (collectively, the “Marks”) are trademarks or registered trademarks of Skyline Solutions, and used by us with permission. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with TiNT’s Services or Products may be the trademarks of third parties. Neither your use of TiNT’s Services or Products nor this Agreement grants you any right, title, or interest in, or any license to reproduce or otherwise use, the Marks or any third-party trademarks, Service marks, graphics, logos, or domain names. You agree that any goodwill in the Marks generated as a result of your use of TiNT’s Services or Products will inure to the benefit of Skyline Solutions, and you agree to assign and do assign, all such goodwill to Skyline Solutions. You shall not at any time, nor shall you assist others to, challenge Skyline Solutions’ right, title, or interest in, or the validity of, the Marks.

11.2 Copyrights

11.2.1 All content and other materials available through TiNT’s Services or Products, including without limitation logos, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Skyline Solutions or are the property of our licensors and suppliers. Except as explicitly provided, neither your use of TiNT’s Services or Products nor this Agreement grants you any right, title, or interest in any such materials.

11.2.2 Reporting Claims of copyright infringement

If you believe that one of our users is, through the use of our Products or Services, unlawfully infringing on your copyright by submitting unauthorized material, and wish to have the allegedly infringing or unauthorized material removed, you may request the removal of those materials by submitting a written notification to us via email or write to us at our registered address.

Registered Address: Skyline Solutions, 101, Janakdeep, JP Road, Andheri West, Mumbai 400061, Maharashtra, India.

Please note that your Counter Notice, including your contact information, may be shared with the party that filed the Notice against you.

The Copyright Act, 1957 allows us to restore the removed content if the party filing the original Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the website, Products or Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under The Copyright Act, 1957.

11.2.3 Uploading Contents

Users may upload and post content to TiNT’s Services. This content may be in the form of uploading 3D printable files and posting other content (such as links, profile information, and comments). You represent and warrant that any material uploaded or posted is your original creation, or you have the necessary rights, licenses, and permissions to submit such content and can lawfully grant us the rights required in such content. You further represent and warrant that you shall not upload content that breaches third-party rights, or is otherwise illegal for you to possess where you are located or would be unlawful if displayed or offered for download on the website. We reserve the right to refuse or cancel user registrations or otherwise restrict access to the website at its absolute discretion.

Users may upload and post links to TiNT’s Services. Linked website are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site. We provide links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by us of the site.

It is further understood and agreed that we cannot and do not guarantee or warrant that files made available for downloading through TiNT’s Services or Products will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through TiNT’s Services or Products are free from such contaminations.

12. REASONABLENESS

By using TiNT’s Services or Products, you agree that the exclusions and limitations of liability set out in the Agreement are reasonable. If you do not think they are reasonable, you must not use TiNT’s Services or Products.

13. OTHER PARTIES

TiNT’s Services or Products may be linked with services of third parties (“Third Party Services”), some of whom may have established relationships with us and some of whom may not. We do not have control over the content and performance of Third Party Services. We have not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Services. Accordingly, we do not represent, warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services. We disclaim, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Services.

You accept that, as a proprietorship entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees, or Skyline Solutions, in respect of any losses you suffer in connection with TiNT’s Services or Products.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Agreement will protect our officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as us and Skyline Solutions.

14. INDEMNITY

Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless us and Skyline Solutions (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim”, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defence of any action to us, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to:

(i) The relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;

(ii) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement;

(iii) Your access to or use of TiNT’s Services or Products;

(iv) Your provision to us or any of the Indemnitees of information or other data;

(v) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation;

(vi) Your violations of section 6 regarding prohibited uses of TiNT’s Services or Products and other prohibited conduct; or

(vii) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defence by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Skyline Solutions.

15. TERMINATION

15.1 Termination

Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny the use of TiNT’s Services or Products to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by us.

15.2 Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use TiNT’s Services or Products. Upon termination, we may, but have no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of TiNT’s Services or Products. Upon termination, you shall cease any use of TiNT’s Services or Products.

After termination, we reserve the right to exercise whatever means it deems necessary to prevent your unauthorized use of TiNT’s Services or Products, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

15.3 Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except that the following sections will survive any termination of this Agreement: sections 1-4 and 7–19.

16. GOVERNING LAW AND JURISDICATION

These Terms shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of these Terms.

In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use, the same shall be referred to an independent arbitrator who will be appointed by FWPL and such Arbitrator’s decision shall be final and binding on You. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be conducted in English language and shall be held in Mumbai.

17. NOTICES

All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice is in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you shall be deemed effective upon the sending by us of an email to that address. You shall give any notice to us by submitting said notice to us at support@tintaccessories.com

18. MISCELLANEOUS

18.1 Assignment

We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under the Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under the Agreement.

18.2 Severability

If a provision of the Agreement. is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18.3 No Waiver

A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

18.4. Independent Contractors

You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

18.5 No Third-Party Beneficiaries

There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and our Licensors and Suppliers (to the extent expressly stated in this Agreement).

18.6 Entire Agreement

These Terms of Use, together with our privacy policies, constitute the entire agreement between you and us in relation to your use of TiNT’s Services or Products and supersede all previous agreements in respect of your use of TiNT’s Services or Products.

18.7 Changes to the Agreement

If we decide to change the Agreement, we will update the modification date at the beginning of the Agreement. If the change is material, we will provide you with a notice.

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