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About Us

Tumbhi (Meaning in English: “You too”) is an online portal that seeks to transforms the lives of artists, art lovers and art seekers. It connects aspiring, patron-starved artists to suitable patrons and art lovers globally. It gives undiscovered artists around the world a global platform to express their true artistic talents and to further spur their latent creativity. Tumbhi aims to provide art lovers and art seekers access to unique, hidden talent that only the Internet can allow.

Tumbhi’s operational team consist of eminent people from the industry like IT entrepreneur and film producer Mr. L C Singh, journalist and short film director Pankaj Shukla.

Tumbhi is devoted to the discovery and blossoming of the latent, aspiring artistic talents of people everywhere. It seeks to cater to artistic talent in various forms - be it music, writing, painting, photography etc. It endeavours to level the playing field and bring undiscovered talent to the public mainstream at the artistic level. Today, to have one’s talent published and brought to the mainstream of public awareness is a very onerous and overwhelming task that is virtually unachievable for the common person. But Tumbhi will help all those artists, who have a dream of having their talent published, by bringing their talent to fore.

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Terms & Conditions

Please read the following terms and conditions very carefully, as your use of our services is subject to your acceptance of and compliance with the terms and conditions, as well as theUser Rules.

1. Introduction

1.1 www.TumBhi.com, (" Website ") is owned by SEVENTH AUGUST IT SERVICES PVT LTD, a company incorporated under the Indian laws having its office at 403/404, Fourth Floor, Weikfield IT Citi Infopark, Nagar Road, Pune 411 014, Maharashtra, Website offers facility to have your talent reviewed and published on the website, invite friends and explore opportunities (" Services "). The Various Services being provided will be updated from time to time, at intervals solely decided by the Company. The Company may add, amend, modify, or discontinue any Services from time to time, at its sole discretion.

1.2 By subscribing or accessing or using or contributing to any of our Services you, as a user, ("User" or "You") agree that you have read, understood and are bound by the terms and conditions set out herein, including but not limited to any additional or amended terms or condition as applicable from time to time, regardless of how you subscribed to or use the services. These Terms and Conditions of use (" T&C ") and any additional terms posted on the Website together constitute the entire agreement between the Company and the User with respect to the use of this Website by the User. If you do not agree with/to any part of these T&Cs, You should not use or access this Website.

2. Interpretation

In the Terms:

2.1 The singular includes the plural and vice versa;

2.2 Hyperlinks which are not operational, will not in any way detract from the validity and interpretation of the Terms;

2.3 Account means your subscription account for use of the Company's Services;

2.4 Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and applications;

2.5 Privacy Policy means the privacy policy of the Company as set out in the Privacy Policy document.

2.6 Services means any content, product, software, downloads, website or other service which we may provide from time to time including (without limitation) the services described in these Terms; access to resources, provision of communications tools, forums, shopping services, search services, personalized content and branded programming;

2.7 Service Charges means the charges levied by the Company for Services as determined by the Company from time to time.

2.8 Subscribe means your act of subscribing to a Service in any way including (without limitation) in writing, through the Internet or by telephone, and subscription has a corresponding meaning thereto;

2.9 Terms means the terms and conditions set out herein and includes the Additional Terms described in clause 4 below;

2.10 Third Party Service means any service or content, whether related or similar to our Services, which is provided by us in collaboration with a third party; or which is provided to us by a third party to enable us to provide the Services; or which may be used by you in conjunction with our Services;

2.11 Use includes (without limitation) accessing, retrieving, downloading, buying, logging on to, contributing to, or viewing a Service, and user has a corresponding meaning;

2.12 User ID means any username, password, number or email address allocated to you or created by you when subscribing to or using our Services;

2.13 User Rules means our user rules set out in clause 28 below; and

2.14 The term we unless the context indicates otherwise, shall include the directors, officers, employees, suppliers, Internet Service providers, agents and affiliates.

3. Site and Content Ownership

Some of the content on the Website is owned by members, some of the content is owned by third party service providers, and some of the content is owned by the Company. In addition, the trademarks, logos and service marks ("Trademarks") displayed on the Website are registered and are the Trademarks of the Company, its affiliates and various third parties. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the prior written permission of the Company, or such other party that may own the Trademarks. Any unauthorized use of such Trademarks is against the law and the User could be subjected to liabilities, civil and/or criminal.

4. Changes to Terms and Service Charges

4.1 We may change any or all of the Terms including (without limitation) the Service Chargesat any time without notice to you.

4.2 Any changes will become effective from the date we publish them on the relevant websites.

4.3 You agree to check this website and the Terms regularly for changes.

4.4 By continuing to use our Services after we make the changes, You agree to be bound by the T&C as amended.

4.5 If you do not accept the changed Terms, you must stop subscribing to the Service or accessing the Website, or stop using the Service.

5. Additional Terms

5.1 Some of our websites may contain additional rules, guidelines or terms (hereafter "Additional Terms").

5.2 By subscribing to or using our Services relating to those websites, you agree to be bound by, and comply with those Additional Terms as well.

6. Obligations of the User

6.1 The Website is for meant exclusively for the personal use of the User. Commercial usage of any type by the User of this Website is strictly prohibited. Unless otherwise specified, User may not modify, copy, distribute, transmit, display, reproduce, publish, create derivative works from, transfer or sell any information, software, product or service received from the Website or displayed on the Website. Legal Right to Use:

6.2 The User represents and confirms that the User is of a legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or any other applicable law. Accessing the Website:

6.3 In order to use the Website, User will need access to the necessary equipment (computer, modem, telephone, etc. ) to connect to the World Wide Web (the "WWW"), and the connection necessary to access the WWW. User will be solely responsible for accessing the Website and the fees for accessing the Website will exclusively be borne by the User. The User shall ensure that all such equipment and software are compatible with the Services concerned prior to subscribing or using the same. The User will be required to take regular back-ups of his/her data and the Company shall not be liable for any such data lost or corrupted. Account and Password:

6.4 Access to certain areas of the Site may only be available to registered members. To become a registered member, User may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. User represents and warrants that all information supplied to the Company in this regard is true and accurate and nothing material has been hidden.

6.5 If the User opts to register on the Website, upon completion of the registration process, the User will choose a member name and password. The User is responsible for keeping name and password confidential. The Company recommends that the User memorize this information and not write it down. The User is solely responsible for all activity occurring through use of his/her account and/or password. The User agrees to immediately notify the Website and/or the Company of any actual or suspected unauthorized use of such account and password. The Company will not be responsible for any financial loss, inconvenience, or mental agony to the User arising from failure to comply with the above. Communication on the Website

6.6 The Website may offer a host of communication channels such as email, chat, forums, bulletin boards, communities, blogs, personal journals and/or other communication facilities ("Channels") at its sole discretion. By way of example and not as a limitation, User agrees that when using Channels, User shall not:

a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others

b. Publish, post, upload, distribute or disseminate any inappropriate, defamatory, profane, infringing, obscene, indecent or unlawful topic, name, material or information

c. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless User owns or controls the rights thereto or has received all consents thereof as may be required bylaw

d. Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website, or any persons computers

e. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded

f. Falsify the origin or source of software or other material contained in a file that is uploaded

g. Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a forum that User knows, or reasonably should know, cannot be legally distributed in such manner

h. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Channel

i. do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalized text, the use of inflammatory or antagonistic criticism ("flaming"), or wastefully and unnecessarily including previous communications in any postings;

j. propagate, distribute or transmit destructive code, whether or not damage is actually caused thereby;

k. repeatedly post gratuitous off-the-topic communications;

l. read and act upon any communication which was not intended to be received by You or fail to delete such communication;

m. gather personal or commercial information including (without limitation) email addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the consent of the owners of such information;

n. reproduce, replicate, copy, alter, modify, create derivative works of or sell or re-sell any of our Services or any part thereof including (without limitation) websites and web pages, or any Services that constitute the provision of telecommunications Services in terms of applicable legislation; or the information or data contained in our Services;

o. Use robots, spiders, or any other device, be it automated or manual, to monitor or copy any content from the Services;

p. transmit Content that you do not own or do not have the right to publish or distribute, whether under law or contract;

q. access any of our Services or any similar service of a third party or any network without authorization or through hacking, password mining or any other means;

7. Duration

7.1 You are bound by the Terms:

7.1.1 From the earlier of the date on which you:

7.1.1.1 Accept the T&Cs;

7.1.1.2 Subscribe to a Service; or

7.1.1.3 Start using a Service; and

7.1.2 For as long as you subscribe to or use a Service.

7.2 If You have subscribed to a Service for a fixed term, the Terms will automatically continue to apply after the term has ended if you continue to use the Service after the expiry of the fixed term.

8. Termination

8.1 If you enter into an agreement with the Company for the use of any of the Services for a fixed term, You may not terminate that agreement before the end of the fixed term and any amounts paid by You for that term shall not be refunded.

8.2 If you do not subscribe to or use a Service for a fixed term, but You regularly make recurring payments under an agreement entered into with us, You may terminate the agreement relating to any individual Service by 30 (thirty) days' advance written notice to us at <> or at the address posted on our website.

8.3 In all other cases, you may terminate this agreement by terminating your use of the Services.

8.4 The termination of the agreement will not affect any of our rights that:

8.4.1 Arose before termination; or

8.4.2 By their nature survive termination.

8.5 We reserve the right to stop or suspend your subscription should your account become inactive. We will notify you of such intended action at your secondary e-mail address, if available.

9. Provision of Services

9.1 Disclaimer

9.1.1 We will always endeavour to provide the Services to the best of our ability.

9.1.2 You are, however, aware that the Services will involve transmissions over various networks and that it will change to conform and adapt to the technical requirements of connecting networks and devices. There are also various other factors, which do not lie within our control.

9.1.3 Under these circumstances then, We:

9.1.3.1 provide all Services "as is" and "as available"; and

9.1.3.2 do not warrant or guarantee that any Service:

9.1.3.2.1 is free of errors or interruptions and will conform with your timelines;

9.1.3.2.2 is always available and reliable;

9.1.3.2.3 is secure; although We take appropriate security measures against unauthorized access to or unauthorized alteration, disclosure or destruction of data;

9.1.3.2.4 is fit for any purpose; or 9.1.3.2.5 does not infringe any third party rights.

9.1.4 You furthermore acknowledge and accept that We do not encrypt any Content or communications from and to our Site, and that we also do not provide digital authentication of any page on the Site.

9.1.5 The Company also takes no responsibility and shall not be liable for any damages to your computer equipment on account of any viruses that may infect your computer equipment while accessing/browsing the Internet and/or this Website.

9.1.6 The Company does not also endorse the accuracy of the information put up by the Service Provider on the Website and Users are requested to verify the accuracy of the same prior to taking any action on the information provided by the Service Providers.

9.1.7 Subject to applicable law, use of this Website and Content is at the sole risk of User. Services made available on this Website are subject to conditions imposed by the Service Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Service Providers who furnish products or services through this Website are independent contractors, and not agents or employees of the Company. Under no circumstances, the Company shall be liable for any services provided to the User by the Service Provider.

9.1.8 In no event will the Company or its providers be liable to any party for any direct, indirect, special or other consequential damages for any use of this Website, any hyper linked website, the acts or omissions of providers who furnish products or services through this Website, or the products or services offered by providers through this Website, whether based in contract, tort, negligence, strict liability or otherwise, that arises out of or is in anyway connected with(i) any use of, browsing or downloading of any part of our Website or content, (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or ticketing), or (iii) the performance or non performance by Website and/or the Company or any service provider, or (iv) any damages or injury caused by any failure of performance, error, omission, 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 record, even if Website and/or the Company and the provider(s) have been advised of the possibility of damages to such parties or any other party.

9.1.9 If, despite the limitation above, the Website and/or the Company or a Service Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then the Website and/or the Company and the Service Providers' liability will in no event exceed, in total, the sum of fees paid by You a User of the Services.

9.2 Content and advertisements provided as part of a Service:

9.2.1 You understand that advertising plays an important role in the provision of this Service, and that we will display advertisements and other information adjacent to or as part of the Services, which you may use.

9.2.2 We may periodically send promotional email(s) to you about services offered by our advertisers and ourselves.

9.2.3 Where We publish or provide Content or advertisements as part of a Service:

9.2.3.1 We do not:

9.2.3.1.1 warrant or represent that the Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or

9.2.3.1.2 endorse the Content or advertisements; and

9.2.3.2 You will obtain independent professional advice at your own cost before You take any action based upon such Content or advertisements.

9.2.4 Your correspondence or dealings with, or participation in promotions of our advertisers the Service, and any other terms, conditions, warranties or representation associated arising there from, lie between you and the advertisers. You agree that We shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on our Service.

9.2 Content and advertisements provided as part of a Service:

9.2.1 You understand that advertising plays an important role in the provision of this Service, and that we will display advertisements and other information adjacent to or as part of the Services, which you may use.

9.2.2 We may periodically send promotional email(s) to you about services offered by our advertisers and ourselves.

9.2.3 Where We publish or provide Content or advertisements as part of a Service:

9.2.3.1 We do not:

9.2.3.1.1 warrant or represent that the Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate, or lawful; or

9.2.3.1.2 endorse the Content or advertisements; and

9.2.3.2 You will obtain independent professional advice at your own cost before You take any action based upon such Content or advertisements.

9.2.4 Your correspondence or dealings with, or participation in promotions of advertisersthrough the Service, and any other terms, conditions, warranties or representation associated arising there from, lie between you and the advertisers. You agree that We shall not be liable for any loss or damage of any nature incurred as the result of any such interactions, or as the result of the presence of such advertisers on our Service.

9.3 Third party goods, software and Services

9.3.1 In many cases, we provide services of third parties, or our Services in conjunction withthat of third parties.

9.3.2 In those cases, the following conditions apply:

9.3.2.1 We provide such services subject to the terms, conditions and limitations imposed by those third parties.

9.3.2.2 If those third parties change, suspend or stop providing such services, We may similarly change, suspend or stop providing the Services to you without notice. We may nevertheless endeavour to provide such a Service in another way or by using another third-party.

9.3.2.3 You authorize us to provide any of your Personal Information (as defined in our Privacy Policy) to those third parties to the extent that it may be necessary to enable the third parties and ourselves to provide the Services to You.

9.3.2.4 To the extent that there is a conflict between the third party's Terms and Conditions and these T&Cs, these T&Cs will prevail.

9.3.3 When You acquire goods, software or any other services from a third party through any of our Services, You understand and agree that:

9.3.3.1 We are not a party to the contract between You and the third party;

9.3.3.2 we are under no obligation to monitor the Third Party Service used by You;

9.3.3.3 the third party will be responsible for all obligations under the contract including(without limitation) delivery, warranties or guarantees;

9.3.3.4 You will evaluate the product, software or service and the applicable terms and conditions before acquiring the product, software or service; and

9.3.3.5 You indemnify us against any damages (as defined in clause __ below) howsoever arising from your acquisition and/or use of the goods, software or service.

9.3.4 We also reserve the right to reject or refuse any Third Party Service used by You in conjunction with our Services.

9.4 Suspension or termination of Services

9.4.1 We may suspend, interrupt, change or end any Service or any part thereof at any timef or any reason in our sole discretion without notice to You and without any liability to You.

9.4.2 We may widely publicize changes to the Services that apply generally.

9.4.3 We may also give You notice of any interruption of a Service due to maintenance.

9.4.4 We also reserve the right to change the software and hardware which is required to gain access to the Site without prior notice to You.

9.4.5 We reserve the right to suspend or terminate services to You, including the right to remove/block the content(s) posted/uploaded by You, without any prior notice to You, in the event, the content(s) violates any rules or guidelines of the Company.

9.5 Complaints

Complaints, if any, regarding our Services may be lodged with us at by clicking on the "contactus" link on the Site. The Company shall use its reasonable endeavour s to resolve such complaints.

10. Service Charges and payment

In order to subscribe to certain Services, or to procure certain goods or services from the Company, You are required to enter into separate agreements with us on an ad hoc basis. The terms and conditions of such agreements will be conveyed to You every time when You proceed to transact.

10.1 Guidelines for use of pay Services

10.1.1 Check before You subscribe to or use a Service

10.1.1 Before You subscribe to or use a Service You will check the amount of the Service Charges, and determine how and when you must pay these charges.

10.1.2 By subscribing to or using a Service, You:

10.1.2.1 agree to pay the Service Charges on the due date in the way specified, regardless of whether You use the Services or not; and

10.1.2.2 authorize us to perform a credit check at any time as we deem fit and provide your Personal Information (as defined in our Privacy Policy) to a credit bureau for this purpose.

10.2 How you pay Service Charges

10.2.1 You will pay:

10.2.1.1 recurring Service Charges monthly in advance by debit order on the first day of each month and

10.2.1.2 Other Service Charges as specified in any Additional Terms.

10.2.2 We may implement a new, or change an existing debit order for the Service Charges due by You against the bank account You provided to us.

10.2.3 If details of your bank account change, You will promptly provide us with the new details.

10.2.4 Unless stated otherwise in the Additional Terms or Service Terms, all Service Charges are payable in advance and are non-refundable.

10.3 Non-payment

10.3.1 If You fail to pay a debit order or other amount for any reason when due, we may:

10.3.1.1 suspend your subscription to or use of a Service;

10.3.1.2 terminate this agreement, and claim any amounts due to us; and/or

10.3.1.3 charge you interest at a rate of 2% above the prime overdraft rate of our bankers, as certified by any branch manager of such bank whose appointment, qualification and authority we will not need to prove, calculated from due date to date of actual payment, both days inclusive.

10.3.2 You will not:

10.3.2.1 withhold payment of any amount due to us by reason of any alleged breach of the Terms by us, or for any other reason; or

10.3.2.2 Apply set off in respect of any amount due to us.

10.4 Value-added tax and other taxes

10.4.1 If required by law, we may receive and claim payment from you in respect of any value-added tax or any other similar tax or levy imposed on the provision of the Services.

10.4.2 Unless stated otherwise, all Service Charges exclude value-added tax and other indirect taxes.

10.5 Reconnection Service charge

We may charge You an additional re-connection Service Charges if You request us to restore any Service, which was terminated, either at our instance or yours.

10.6 Changes to Service Charges

We may change the Service Charges from time to time as provided for in clause __ above.

10.7 Accounts

We may from time to time provide you with accounts, statements or invoices for amounts due to us.

11. Your information

11.1 When You subscribe to or start to use a Service, if requested by us, You will provide us with documentary evidence of your name, residential and business or postal address, and, if you are a partnership firm or a company, a certified copy of your Partnership Deed or the Memorandum and Articles of Association also with the appropriate resolutions.

11.2 You warrant that all information about yourself that You supply to us at any time is true, current and complete.

11.3 You will inform us of any changes of information about yourself.

11.4 We may treat any misrepresentations by You as a fraudulent act unless You prove that the misrepresentation was unintentional.

11.5 You agree that, as long as You use or subscribe to a Service, We may collect and store your Personal Information as provided for in our Privacy Policy.

11.6 We agree to deal with your Personal Information in accordance with our Privacy Policy.

12. User IDs

12.1 Any username, password, number or email address allocated to you or created by you when Subscribing to or using our Services ("User ID") will entitle You to access the Services as long as You comply with the T&Cs.

12.2 Any User ID is personal to You and you are not to share the same.

12.3 You:

12.3.1 are responsible for all payments, use of, or activity on a Service under your User ID;

12.3.2 will not use a Service at any one point in time more than once under the same User ID (for example, you will not do "multiple log-ins");

12.3.3 are liable for any damage, loss or costs sustained by You, us or by any third party howsoever arising as a result of any actions by You or any third party using your User ID; and

12.3.4 Indemnify us against any claim howsoever arising from any use of your User ID by a third party or your breach of this clause 12.

12.4 While a User ID is personal to You, We own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a User ID.

12.5 You will also not retain any entitlements to your User ID once this agreement ends.

12.6 You will sign out from your account at the end of each session.

13. Intellectual property

13.1 For purposes of this agreement:

13.1.1 Intellectual Property Rights includes (without limitation) any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectualproperty as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement; and

13.1.2 downloads means any software, data, files or content retrieved, viewed or downloaded by you through your Subscription to or use of a Service.

13.2 Downloads

13.2.1 We (or the appropriate third party) retain all Intellectual Property Rights to downloads.

13.2.2 You will not, unless with our express consent or that of the third party author:

13.2.2.1 sell or otherwise transfer any downloads to any third party;

13.2.2.2 appropriate the downloads in whole or in part for whatever purpose;

13.2.2.3 decompile or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;

13.2.2.4 incorporate the downloads into any other Content for whatever purpose;

13.2.2.5 remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Service; or

13.2.2.6 Frame any portion of the web pages that are part of the Service.

13.3 Copyright

13.3.1 You may retrieve, store, cite or refer to or print Content from any of our websites for educational, research, non-commercial, private or personal use only as provided for under Indian law.

13.3.2 You may not reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any Content in respect of which we own the copyright without our consent, or in the case of the Content of a third party author, without his or her consent.

13.3.3 You acknowledge that we own the right, title and interest in and to the Services developed and provided by us, the system which provides the Services and all software associated with the Services, as well as all Intellectual Property Rights thereto.

13.3.4 You will comply with all national and international laws pertaining to Intellectual Property Rights.

13.3.5 By entering your artwork on Tumbhi.com, you grant to Tumbhi.com the non-commercial non-exclusive right to use your images for promotion of Tumbhi.com project in any media. Should Tumbhi.com want to use images for commercial publications, this will only be done with prior written consent by the Artist and for a reproduction fee. The Artist will be credited whenever possible. Artists must not infringe on the privacy rights, copyright or other rights of any person.

13.4 Your content

13.4.1 You will retain ownership of any original content that you provide when using Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our Service.

13.4.2 However:

13.4.2.1 We own all compilations, collective works or derivative works created by us which may incorporate your content and which are reduced to a material form and original; and

13.4.2.2 with regards to content which You may upload or make available for inclusion on publicly accessible areas, You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote your content on any medium.

13.4.3 You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like("Content") that you post on the Website, and any material or information that you transmit to other members and for your interactions with other Users. The Company does not pre-screen or review Content before it is posted on to the Site. However, the Company reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. The Company will also have the right (but under no circumstances will the Company have any obligation) to screen, and edit any Content, in whole or in part, from any portion of the Website, in its sole discretion, including, but not limited to, Content that violates the T&Cs or is otherwise objectionable. The Company reserves the right to disclose any Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company also does not endorse and has no control over the Content. Content is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. The Company makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other members.

13.4.4 Should you be of the view that the Intellectual Property Rights in any of your works uploaded on the Service have been infringed or otherwise violated, please provide our Webmaster with the following information:

13.4.4.1 a description of the work, which you claim, has been infringed;

13.4.4.2 the location of the work on the Website;

13.4.4.3 your contact details;

13.4.4.4 an affidavit deposed to by You stating that the work was used without your consent; and

13.4.4.5 written consent if an agent is acting on your behalf.

13.4.4.6 The level of attention to be afforded to your matter will lie within our discretion. This clause should in no way be construed as a guarantee that We will assist You under these circumstances.

14. Limitation of our liability

14.1You subscribe to and use any Service at your own risk.

14.2 We are not liable to You or any third party for any damages suffered by You or a third party howsoever arising from your subscription to, or use of, or reliance on a Service, including (without limitation) any damages suffered by You due to:

14.2.1 access to our Website linked thereto;

14.2.2 any interruption of or error in the Service; including inability to access our Website linked thereto;

14.2.3 inaccurate information or unreliable results;

14.2.4 use of any Content from our Website, including Content accessed from a link;

14.2.5 our failure to fulfil our obligations as a result of uncontrollable events;

14.2.6 disclosure of your Personal Information (as provided for in our Privacy Policy);

14.2.7 any other reason not directly attributable to our gross negligence.

14.3 Agreements in restraint of legal proceedings are void.

14.4 In this clause:

14.4.1 damages means all damages of whatever nature and includes (without limitation) alldirect damages, loss, claims, actions or costs, whether:

14.4.1.1 in contract, tort or otherwise;

14.4.1.2 foreseeable or not; and

14.4.1.3 we were advised of the damages in advance or not; and

14.4.2 uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party.

15. Indemnity

You shall indemnify us against any and all liability, claims, damages, loss or costs or expense of any kind or nature suffered by us or instituted against us by a third party howsoever arising from:

15.1your subscription to or use of a Service or Services; or

15.2 your breach of the T&Cs.

16. Transfer of rights and obligations

16.1 You may not cede, assign or otherwise transfer any of your entitlements or obligations under the Terms without our prior written consent.

16.2 The use of our Service is personal to you and any entitlements acquired by you hereunder will terminate upon your death, in case You are an individual.

16.3 We may cede, assign or otherwise transfer our rights or obligations under the Terms to any third party without your consent and without notice to you.

17. Breach

17.1 If You breach any of the Terms, then we may, without prejudice to any of our other rights and without notice to You:

17.1.1 claim immediate payment of all outstanding amounts due to us;

17.1.2 stop or suspend your use of any of the Services; and/or

17.1.3terminate this agreement.

17.2 We also reserve the right to claim damages from you or to institute legal proceedings against You, should the circumstances so require.

17.3 We may in any of these instances retain all amounts already paid by You and recover all our costs associated with your breach, including (without limitation) collection commission and legal costs.

17.4 We will not be liable to You or any third party in any way for the termination of your account.

18. Governing law

18.1 The Terms are governed by and construed under the laws of India and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

19. Jurisdiction

19.1 The Courts at Mumbai, India, shall alone have exclusive jurisdiction over any or all disputes in relation to this agreement.

20. Priority of Terms

Save as expressly provided to the contrary in the Terms, any conflict in the provisions of the Terms will be resolved in accordance with the following order of priority:

20.1 these Terms;

20.2 the Additional Terms.

21. Whole agreement

21.1 The Terms constitute the whole of the agreement between us and You relating to the matters dealt with herein.

21.2 No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the T&Cs not incorporated therein will be binding on You or us.

21.3 Any change or addition to the T&Cs will only be valid if effected as provided for in clause __above.

22. Addresses

22.1 You select as your address (domicile) for the purposes of receiving legal process and notices, the address furnished when you subscribed to or started using a Service.

22.2 We may send You any notices (other than legal process) by e-mail.

22.3 You will notify us of any change of address.

22.4 We select as our address for the purposes of receiving legal process and notices the address specified at our Website.

23. No waiver

23.1 Any waiver, indulgence, relaxation or extension of any of the Terms will be effective only in the specific instance and for the purpose given.

23.2 No failure or delay on our part in exercising any of our rights will constitute or be deemed to be a waiver.

23.3 No single or partial exercise by us of any of our rights will preclude us from any other or further exercise thereof or the exercise of any other rights.

24. Provisions are severable

24.1 Each provision of these T&Cs is severable from the other provisions.

24.2 If any provision is found to be invalid or unenforceable, the remainder of the agreement will remain enforceable.

25. Interception and monitoring

25.1 By subscribing to or using a Service, you agree that we may intercept and monitor any communication that you make or receive to the extent allowed by law or for the purpose of conducting our business and securing our systems.

26. User Rules

26.1 General Principles

While some of these User Rules may be more applicable to a particular Service or access technology, you are bound by all of them regardless of the Service or access technology, which you may use.

We view our Service environment as a virtual community in which you interact with us, with other Subscribers and the Internet community at large.

Like all other communities, our virtual community has rules to ensure the continued existence thereof and that the rights of all participants are respected.

26.2 Definitions

In these User Rules:

1.Abusive Content means content (including without limitation words and images) which the Company considers to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which any kind of pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;

2.Destructive Code means any computer code which: is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms"); would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead", code); would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes); and any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations; "

3.Communication Facilities includes (without limitation) our email, instant messaging (IM), SMS, chat rooms, discussion boards, albums, communities, classifieds and similar facilities used for the purposes of communicating in real-time or otherwise with other persons whether they are Subscribers or not;

4.Fraud means fraud as it is understood in its commonly used legal context which includes (without limitation) solicitation or inducement of any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";

Misrepresentation includes (without limitation): actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance; impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose; altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and forging or otherwise manipulating origination details and data on any electronic data message generated by our communication facilities with a view to disguising or deleting the origin of anything posted or transmitted using our communication facilities including, without limitation, the use of any other software or hardware methods used to disguise or misrepresent your own IP address;

Spamming includes (without limitation) the posting or cross-posting of unsolicited communications using our communication facilities; imitating or impersonating another person or his email address, or creating false accounts for the purpose of sending spam; sending unauthorized mail via open, third party servers, sending emails to users who requested to be removed from a mailing list; selling or exchanging the email address of any person without that person's consent;

System Abuse means any conduct which does or may: damage, impair, overburden or disable any system of any person (including us) using our Services; interfere with any other person's use of the Internet or of our Services; compromise or tamper with the security of our or any other person's software, hardware, systems, networks or Services including (without limitation) Spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client", nuking and nuking tools.

26.3 Third party use rules

When you access or use a third party site or service by means of our Services, you will comply with all rules of use (if any specified) of the third party Service in addition to these User Rules. To the extent that there is a conflict between the third party’s rulesof use and our User Rules, you are expected to conduct yourself in the manner that is least prejudicial to our interests. i.e."you agree not to post any abusive content, destructive code on the Website or using the Services and while using the website or the Services you shall not spam any one or commit fraud or misrepresentation or systems abuse using the Services or on any one using the Services."

26.4 Enforcement of User Rules

Should we consider you to be in breach of any of the User Rules, then we may, without prejudice to any other rights which we may have under these T&C or in law, to: give you a warning; without notice, stop or suspend your Subscription to or use of any or all Services; and/or disclose any of your Personal Information to persons affected by your conduct.

27. Service Terms

Please read the following Terms very carefully as they set out your entitlements and obligations when you use any of our Services

27.1 Blog and Chat Service description

Among other services, we provide certain Services that allow you to "chat" or contribute content to blogs (weblogs or online journals) and chat rooms, discussion boards, communities and forums.

27.2 Blog and Chat Service Terms

You may not use the Blog and Chat Service for the purpose of advertising or marketing any business, product or service.

Any content that you provide enters an open, public forum, and is not confidential. You should, therefore, be careful when deciding to share any of your personal information on the site.

By disclosing personal information such as your name and email address, you acknowledge and understand that this information may be collected and used by other persons to communicate with you.

You may be held legally liable for the content that you provide on the site, for example, where you provide content that is:

1.protected by copyright or trademark, without the permission of the author or the owner;

2.defamatory;

3.illegal;

4.hateful;

5.pornographic; or

6.harmful

Back To Top

Privacy Policy

Your privacy is important to us, and we understand how important it is to you. Our aim is to be as clear and open as possible about what we do and why we do it.

We've set out all the details below.

Please take the time to read and understand this policy.

To help you, we've included some links to other websites. It's worth remembering though that other people, not us, control these websites. We're not responsible for them.

1. About Us

Seventh August IT Services Pvt. Ltd. (“Company”) is the operator and licensee of www.Tumbhi.com (“Website”) And the Company can be contacted by clicking Contact Us

2. When do we collect your personal data?

a) Direct interactions

You may give us your Identity, Contact, Special Category and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes sharing of personal data for the following purpose

  • By registering accounts on our website including setting up passwords and preferred user names, contact details, account details;
  • Subscribe to our service or publications or newsletters;
  • Request marketing material notifications to be sent to you;
  • Membership start and end date;
  • Records of your interactions with us such as telephone conversations, emails and other correspondence and your instructions to us;
  • Enter a contest, promotion or survey;
  • Providing your feedback;
  • By filling in forms, for example when you sign up to offers, news or a contest;
  • By sending us emails and text messages (SMS or MMS or WhatsApp or Chat Service);
  • By adding posts, reviews and other comments to our website;
  • By liking or disliking our offers and promotions;
  • By adding offers, promotions or products to your shopping / wish lists on our website;
  • By interacting with us on social media platforms such as Facebook or twitter etc.;

b) Automated technologies or interactions.

Log Files. Log information is data about your use of the Service, such as IP address, browser type, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.

Cookies. A cookie is a small data file transferred to your computer (or other device) when it is used to access our Service. Cookies may be used for many purposes, including to enable certain features of our Service and remember your preferences, your equipment, browsing actions and patterns, to better understand how you interact with our Service, to provide you advertising on and off the Service, and to monitor usage by visitors and online traffic routing. You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the online services you visit. If you do not accept cookies, however, you may not be able to use all portions of our Service or all functionality of our Service. Please see our cookie policy for further details.

c) Third parties or publicly available sources.

We may receive aggregated personal data about you from various third parties as set out below:

  • Technical Data from the following parties:
    • Analytics providers such as Google, Facebook, etc.;
    • Social media platforms such as Facebook or twitter, etc.;
    • Advertising networks; and
    • Search information providers.

What sort of personal data do we collect?

We may collect, store, and use the following categories of personal information about you:

a) Identity Data

  • Full Name
  • Date of Birth
  • Gender

b) Contact Data

  • Contact address
  • Email address
  • Telephone numbers

c) Financial Data

  • None

d) Transaction Data

  • The time, date and location when you upload an artwork for publishing

e) Technical Data

  • Internet protocol (IP) address;
  • Your login data;
  • Browser type and version;
  • Operating system and platform and other technology on the devices you use to access this website;
  • Information where you came to our site from, and where you went when you left it.
  • We also track how often you visit and use our website. We do this via email and website cookies and similar tracking technology built into our website. Please see our cookie policy for further details.
    • f) Profile Data

      • your username and password
      • your interests, preferences, feedback and survey responses
      • Profile image
      • Social media pages
      • Skills
      • About and
      • Artworks you uploaded for publishing

      g) Usage Data

      • Information about how you use our website, products and services;
      • Information on what you view, click on access by way of our marketing emails and text messages, website and mobile.

      h) Marketing and Communications Data

      • Your preferences in receiving marketing from us, our third parties, and your communication preferences.

      i) Aggregated Data (sometimes referred to a pseudonymised data)

      • We also collect, use and share Aggregated Data (sometimes referred to a pseudonymised data) such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

      j) Special Category Data

      We do not collect, store and use the following “special categories” of more sensitive personal information regarding you.

      • Information about your race or ethnicity, religious beliefs and sexual orientation;
      • Information about your health, including any medical condition, health and sickness records, medical records and health professional information;
      • Any criminal records information in relation to you, and
      • Biometric information about you, for example fingerprints, retina scans.

      3. How and why do we use your personal data?

      We will only use your personal information when the law allows us to. We will use your personal information in the following circumstances:

      • The processing is necessary for reasons of substantial public interest, or for official purposes or requested for by the CBI, police or governmental authorities on a lawful basis;
      • It is necessary for the establishment, exercise or defence of legal claims;
      • It is necessary for the purposes of carrying out the obligations and exercising our or your rights in the field of employment and social security and social protection law; or
      • Based on your explicit consent.
      • Where we need to perform the contract we have entered into with you;
      • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

      a) Legitimate Interest

      • Means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience;
      • We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests;
      • We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

      We may also use your personal information in the following situations, which are likely to be rare:

      • Where we need to protect your interests (or someone else's interests);
      • Where it is needed in the public interest or for official purposes.

      b) Purpose/ activity, type of data and lawful basis for processing

      We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

      Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

      Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

      Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
      To register you as a new customer (a) Identity
      (b) Contact
      (a)Registering or Performance of a contract with you
      (b)Your consent
      (c)Necessary for our legitimate interest to set up and manage your account
      To manage our relationship with you which will include:
      (a) Notifying you about changes to our terms or privacy policy
      (b) Asking you to leave a review or take a survey
      (c) Responding to your queries and comments, social media posts and questions.
      (a) Identity
      (b) Contact
      (c) Profile
      (d) Marketing and Communications
      (a) Performance of a contract with you
      (b) Necessary to comply with a legal obligation
      (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
      (d) Your consent
      To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
      (b) Contact
      (c) Technical
      (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
      (b) Necessary to comply with a legal obligation
      To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
      (b) Contact
      (c) Profile
      (d) Usage
      (e) Marketing and Communications
      (f) Technical
      Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
      To use data analytics gathered from our website to improve our website, products/services, marketing, customer relationships and experiences (a) Technical
      (b) Usage
      (c) Aggregated Data
      Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
      To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity
      (b) Contact
      (c) Technical
      (d) Usage
      (e) Profile
      (f) Aggregated Data
      Necessary for our legitimate interests (to develop our products/services and grow our business)
      To power our security measures and services in order to protect you and our business (a) Identity
      (b) Technical
      (c) Usage
      Necessary for our legitimate interest so you can safely access our website and mobile apps. It also lets us do things such as recognise your username and password, as well as reset them if you happen to forget what they are.

      c) Marketing

      We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

      d) Promotional offers from us

      If you have expressly opted-in to receive marketing from us we may use your Identity, Contact, Technical,
      Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to
      you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

      You will receive marketing communications from us if you have requested information from us or services
      from us or if you provided us with your details when you entered a competition or registered for a promotion
      and, in each case, you have not opted out of receiving that marketing.

      e) Third-party marketing

      We will get your express opt-in consent before we share your personal data with any company outside Tumbhi
      for marketing purposes.

      f) Opting out

      You can ask us or third parties to stop sending you marketing messages at any time by clicking Contact Us

      Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as
      a result of a product/service subscription, product/service experience or other transactions.

      g) Change of purpose

      We will only use your personal information for the purposes for which we collected it, unless we reasonably
      consider that we need to use it for another reason and that reason is compatible with the original purpose.

      If we need to use your personal information for an unrelated purpose, we will notify you and we will explain
      the legal basis which allows us to do so.

      Please note that we may process your personal information without your knowledge or consent, in compliance
      with the above rules, where this is required or permitted by law.

      4. Disclosure of Personal Data

      On occasion we may have to share your personal data with the parties set out below for the purposes set out.

      a) Internal Third Parties

      Companies, brands and businesses within our group. For example, we’ll share information from our online
      business with www.Tumbhi.com and there are similar arrangements between our other online businesses. This
      is because we hope to have a relationship with you across all our different brands and businesses, if not now,
      then sometime in the future and we want to be able to provide you with the same value-for-money, high quality
      experience whenever and however you consume the services from us. It’s also the only way we can provide
      you with the best benefits.

      b) External Third Parties

      • Service providers: acting as processors based within and outside the EEA who provide IT and system
        administration services.
      • Professional advisers: acting as processors or joint controllers including lawyers, bankers, auditors and
        insurers based within and outside the EEA who provide consultancy, banking, legal, insurance and
        professional service providers.
      • Regulators and other authorities: acting as processors or joint controllers based in India who require
        reporting of processing activities in certain circumstances.
      • Other people who help us provide our websites, mobile apps and related services to you: They include
        information technology experts who design, develop and host our websites, and payment services
        companies that make it easy for you to use your credit or payment cards with us. Other examples
        include market research companies, marketing, advertising, design and PR organisations and general service
        companies such as printers, mailing houses and form-scanning service providers.
      • Our insurers and insurance brokers: who provide us with comprehensive cover against the risks of running a business as big as ours. (They may keep this information for the purpose of ongoing risk assessment and insurance broking and underwriting services.)
      • Banks and finance companies: where we have allowed them to offer you the possibility of buying our products on credit or with a loan arranged through online. (They may keep this information for their related banking and finance purposes)
      • Third-party companies: whose products and services we sell, so they can better understand the profile of our customers who buy from or are interested in them. However, all the information we share will be collected and anonymised, so neither you nor any of your devices can be identified from it.
      • With social media companies such as Facebook and Twitter: and our advertising partners to enable us to run targeted promotions for you on their platforms;
      • Any new business partners: we may have over time, for example, in the event of a joint venture, reorganisation, business merger or sale that affects us.
      • The Police, local authorities, the courts and any other government authority: if they ask us to do so (but only if us doing so is lawful).
      • Other people who make a ‘subject access request': where we are required to do so by law.
      • We may also share the information we collect where we are legally obliged to do so, e.g. to comply with a court order.
      • Social media, blogs, reviews, etc.
      • Any social media posts or comments you send to us: (on the Tumbhi Facebook page, for instance) will be shared under the terms of the relevant social media platform (e.g. Facebook or Twitter) on which they’re written, and could be made public. Other people, not us, control these platforms. We’re not responsible for this kind of sharing. Before you make any remarks or observations about anything, you should review the terms and conditions and privacy policies of the social media platforms you use. That way, you’ll understand how they will use your information, what information relating to you they will place in the public domain, and how you can stop them from doing so if you’re unhappy about it. It’s worth remembering too that any blog, review or other posts or comments you make about us, our products and services on any of our blogs, reviews or user community services will be shared with all other members of that service and the public at large. You should take extra care to ensure that any comments you make on these services, and on social media in general are fit to be read by the public, and are not offensive, insulting or defamatory. Ultimately, you are responsible for ensuring that any comments you make comply with any relevant policy on acceptable use of those services.
      • Third parties: to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

      c) International Transfers

      We share your personal data within the Tumbhi Group on need to know basis with confidential obligation mentioned here in. This may involve transferring your data outside the European Economic Area ( EEA).

      Some of our external third parties are based outside the European Economic Area ( EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

      Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

      We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

      Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

      Where we use providers based in the US, we may securely transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

      Please contact us if you want further information on how we transfer your personal data out of the EEA.

      5. How we protect your personal data?

      A lot of the information we receive reaches us electronically, originating from your devices, and is then transmitted by your relevant telecoms network provider.

      Where it's within our control, we put measures in place to ensure this 'in flight' data is as secure as it possibly can be.

      Once it arrives at Tumbhi, you can be sure we take the security of your information very seriously.

      We use appropriate procedures and technical security measures (including strict encryption, anonymisation and archiving techniques) to safeguard your information across all our computer systems, networks, websites, mobile apps and offices.

      Sensitive data like, Passwords are protected for both data in transit and data at rest by data encryption. In addition to encryption, we have implemented robust network security controls to help protect data in transit. Network security solutions like firewalls and / or network access control to secure the networks used to transmit data against malware attacks or intrusions.

      We use secure means to communicate with you where appropriate, such as 'https' and other security and encryption protocols.

      If you have any concerns about the security of your own personal computers and mobile devices, we suggest you read the advice of ‘Get Safe Online’, which can be accessed here

      6. How long will we keep your personal data?

      To make sure we meet our legal data protection and privacy obligations, we only hold on to your information for as long as we actually need it for the purposes we acquired it for in the first place.

      In most cases, this means we will keep your information for as long as you continue to use our services.

      After that we will either delete it or anonymise it so that it cannot be linked back to you.

      By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 5 years after they cease being customers for tax purposes.

      You can ask us to delete your data: see Request erasure below for further information.

      In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

      7. What are your Rights of access, correction, erasure, and restriction over your personal data?

      a) Your duty to inform us of changes

      It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes by keeping your details up to date on your Tumbhi online account.

      b) Your rights in connection with personal information

      Under certain circumstances, by law you have the right to:

      • Request access: To your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
      • No fee usually required: You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
      • What we may need from you: We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
      • Time limit to respond: We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
      • Request access: Of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. We may need to verify the accuracy of any new data you provide to us.
      • Request erasure: Of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
      • Object to processing: Of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which means we can continue to process your personal information.
      • Request the restriction of processing: Of your personal information. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
        • if you want us to establish the data's accuracy;
        • where our use of the data is unlawful but you do not want us to erase it;
        • where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
        • you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
      • Request the transfer: Of your personal information to another party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
      • Right to withdraw consent at any time: Where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

      c) Fees for excessive or unreasonable requests

      You will not have to pay a fee to access your personal information (or to exercise any of the other rights).
      However, we may charge a reasonable fee if your request for access is unfounded or excessive. Alternatively,
      we may refuse to comply with the request in such circumstances.

      d) What we may need from you

      We may need to request specific information from you to help us confirm your identity and ensure your right
      to access the information (or to exercise any of your other rights). This is another appropriate security measure
      to ensure that personal information is not disclosed to any person who has no right to receive it.

      8. Third party links

      Occasionally, at our discretion, we may include or offer third party products or services on our
      website. These third party sites have separate and independent privacy policies. We therefore have
      no responsibility or liability for the content and activities of these linked sites. Nonetheless, we
      seek to protect the integrity of our site and welcome any feedback about these sites.

      Tumbhi.com protects individual artistes’ privacy as per the laws applicable in India.

      9. Online Privacy Policy Only

      This online privacy policy applies only to information collected through our website and not to
      information collected offline.

      10. Terms and Conditions

      Please also visit our Terms and Conditions section establishing the use, disclaimers and
      limitations of liability governing the use of our website at Terms and Conditions

      11. Request Erasure

      You can ask us to delete your data by contacting the DPO at privacy@tumbhi.com

      12. Data Protection Officer

      The Tumbhi Data Protection Officer (DPO) oversees compliance with this privacy policy. If you have any
      questions or concerns about this Privacy Policy or how we handle your personal information, please contact
      the DPO at privacy@tumbhi.com

      13. Changes to this privacy policy

      We reserve the right to update this Privacy Policy at any time, and we will provide you with a new Privacy
      Policy when we make any substantial updates. We may also notify you in other ways from time to time about
      the processing of your personal information.

      If you have any questions about this Privacy Policy, please contact the DPO at privacy@tumbhi.com

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