Terms of Service

1. About these Terms

1.1 These Terms and Conditions ("Terms") govern your access to and use of the website www.thetribalnode.com, any customer portal or ordering system operated under the brand The Tribal Node, and the services purchased from us (together, the "Platform" and the "Services").

1.2 The Platform and the Services are provided by Aurelian Vulcan Group Private Limited, a company incorporated under the Companies Act, 2013, bearing Corporate Identity Number U62090WR2026PTC293034 and Goods and Services Tax Identification Number 19ABFCA2560A1Z3, having its registered office at C/O Indranil Basu, Ground Floor, 95/1, Gouripur Bye Road, Birati, Kolkata, North 24 Parganas, West Bengal – 700051, India ("the Company", "we", "us", "our").

1.3 The Tribal Node is a brand owned and operated by the Company. Every contract concluded under the brand The Tribal Node is a contract with the Company.

1.4 These Terms constitute an electronic record within the meaning of the Information Technology Act, 2000 and are valid and enforceable under Section 10A of that Act. No physical or digital signature is required to render them binding.

1.5 These Terms must be read together with our Privacy Policy, our Cancellation and Refund Policy and our Shipping and Delivery Policy, each of which is incorporated into these Terms by reference and available on the Platform.

2. Definitions

2.1 In these Terms, unless the context requires otherwise:

"Client", "you" or "your" means the person or entity that submits an enquiry, places an Order or purchases Services from us.

"Deliverable" means any website, application, software, design, creative asset, video, document, report, campaign material or other output produced and delivered to you under an Order.

"Delivery Stage" means a stage of performance of an Order, together with the percentage of the Contract Price attributed to it, as recorded in the Order Confirmation.

"Order" means a confirmed engagement for a single Service, accepted by us in accordance with Clause 6.

"Order Confirmation" means our written confirmation accepting your Order, issued by email or through the Platform.

"Package" means a productised bundle of deliverables and inclusions described on the Platform or in a price list issued by us.

"Contract Price" means the price agreed between us for an Order, as recorded in the Order Confirmation, the proforma invoice or the service agreement, which may differ from any price displayed on the Platform.

"Business Day" means a day other than a Sunday or a public holiday in the State of West Bengal.

"Third-Party Product" has the meaning given in Clause 11.

3. Acceptance and eligibility

3.1 By accessing the Platform, submitting an enquiry, placing an Order or making a payment to us, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Platform or purchase the Services.

3.2 You represent that you are at least eighteen years of age and competent to contract under Section 11 of the Indian Contract Act, 1872.

3.3 Where you place an Order on behalf of a company, firm, trust, society or other entity, you represent that you are duly authorised to bind that entity, and "Client" means that entity.

3.4 The Services are directed at persons and entities in India. If you access the Platform from outside India, you do so on your own initiative and are responsible for compliance with the laws applicable to you.

4. Your account

4.1 Where the Platform provides a customer account, you must supply accurate and complete information and keep it current.

4.2 You are responsible for maintaining the confidentiality of your credentials and for all activity carried out under your account. You must notify us immediately at hello@thetribalnode.com if you become aware of any unauthorised use.

4.3 We may suspend or terminate an account that has been used in breach of these Terms, that contains false information, or that presents a security risk.

5. Our Services and how they are presented

5.1 We provide information technology, software, digital marketing, video and content production, branding and creative, and public relations and media services, as described on the Platform from time to time.

5.2 Services under The Tribal Node brand are contracted, managed and delivered by the Company. Delivery is carried out by our personnel together with a network of engaged specialists, contractors and production partners working under our direction and to our specification. The Company is the sole contracting party, retains control of the engagement, and is solely accountable to you for the Services delivered.

5.3 Packages and prices displayed on the Platform are indicative and are an invitation to treat. They are not an offer capable of acceptance. Package inclusions, specifications and prices are customisable and negotiable, and the Contract Price for your engagement is the price recorded in the Order Confirmation.

5.4 We may correct any error in a displayed price, specification or inclusion at any time before an Order Confirmation is issued. Where a manifest error is discovered after an Order Confirmation is issued, we will notify you promptly and you may elect to proceed at the corrected price or to cancel the Order for a full refund of amounts paid in respect of it.

5.5 We may add, modify, suspend or withdraw any Service or Package at any time. Withdrawal does not affect an Order already confirmed.

6. How a contract is formed

6.1 The ordinary sequence is: (a) you submit an enquiry or add a Package to your cart; (b) we discuss requirements and issue a proposal or proforma invoice recording the scope, inclusions, Delivery Stages, timeline and Contract Price; (c) you accept and pay the agreed initial instalment; and (d) we issue an Order Confirmation.

6.2 A binding contract comes into existence only upon issue of the Order Confirmation. Adding a Package to a cart, submitting a form, or making a payment does not by itself conclude a contract, and we may decline any Order before Order Confirmation.

6.3 Where you order more than one Service at the same time, each Service constitutes a separate Order with its own scope, Delivery Stages, timeline and delivery obligations, notwithstanding that they may share a single billing arrangement, invoice or payment schedule.

6.4 Where a signed service agreement, statement of work or work order is executed between us, that document prevails over these Terms to the extent of any inconsistency, in respect of that engagement only.

6.5 We may decline or discontinue an engagement where the requirement falls outside our capability, where the requested work would contravene Clause 20, where we are unable to verify your identity, or where continuing would expose us to legal or reputational risk.

7. Fees, taxes and payment

7.1 Currency. All amounts are stated in Indian Rupees (₹) unless expressly stated otherwise.

7.2 Goods and Services Tax. Unless expressly stated to be inclusive, all prices are exclusive of Goods and Services Tax, which is charged additionally at the rate in force on the date of supply, presently eighteen per cent (18%). Tax is levied on the Contract Price and not on any displayed or list price. Central and State Goods and Services Tax is charged where the place of supply is within West Bengal, Integrated Goods and Services Tax is charged where the place of supply is in another State or Union Territory, and supplies qualifying as export of services are zero-rated where made under a Letter of Undertaking.

7.3 Your particulars. You must furnish an accurate billing name, address, State and, where you are registered, your Goods and Services Tax Identification Number before an invoice is raised. We are not liable for loss of input tax credit arising from particulars furnished incorrectly or furnished after the invoice has been issued.

7.4 Documents. We issue a proforma invoice on agreement of scope, a receipt voucher on receipt of each advance, and a tax invoice in accordance with the Central Goods and Services Tax Act, 2017 and the rules made thereunder.

7.5 Payment schedule. Payment may be structured in up to four instalments as agreed in the Order Confirmation. Unless otherwise agreed, an initial instalment of fifty per cent (50%) of the Contract Price is payable before work commences.

7.6 Payment methods. Payments on the Platform are processed by Razorpay Software Private Limited. We may also accept payment by bank transfer or other method notified by us in writing. We do not collect, store or process your card, net banking or Unified Payments Interface credentials.

7.7 Late payment. Where an instalment is not paid on its due date, we may charge interest at one and one-half per cent (1.5%) per month, or eighteen per cent (18%) per annum, calculated from the due date until payment, and may suspend work under Clause 21 until the arrears are cleared. Time spent in suspension does not count towards any delivery timeline.

7.8 Tax deducted at source. Where you are required by the Income-tax Act, 1961 to deduct tax at source, you may deduct at the applicable rate and must furnish the relevant certificate within the statutory period. Deduction does not reduce the amount of Goods and Services Tax payable to us.

7.9 No set-off. You may not withhold or set off any amount due to us against any claim, save with our written agreement or under an order of a competent court or tribunal.

7.10 Payment gateway charges, bank charges, foreign exchange conversion charges and similar transaction costs are borne by you unless we state otherwise in writing.

8. Your responsibilities

8.1 To enable us to deliver, you must provide in a timely manner: the brief and specification; text, images, logos, brand assets and other content; access credentials to any platform, hosting account, domain registrar, advertising account or repository required; and approvals, feedback and sign-off at each Delivery Stage.

8.2 You must nominate a single point of contact authorised to give instructions and approvals on your behalf. We are entitled to act on the instructions of that person.

8.3 You warrant that all material you supply is accurate, is lawfully owned or licensed by you, does not infringe the intellectual property, privacy, publicity or other rights of any person, and does not contravene any applicable law.

8.4 Where feedback, approval, content or access is not provided within seven (7) Business Days of our written request, the delivery timeline is extended day for day, and we may treat the Order as suspended under Clause 21.

8.5 Where an Order remains inactive for ninety (90) days by reason of your failure to provide feedback, content or access, we may close the Order. Delivery Stages completed to that date are chargeable, and amounts are dealt with in accordance with Clause 22 and the Cancellation and Refund Policy.

9. Scope, revisions and change requests

9.1 The scope of an Order is as recorded in the Order Confirmation and the associated Package inclusions. Anything not expressly included is out of scope.

9.2 The number of revision rounds included is as stated in the Package or the Order Confirmation. Revisions must be consolidated and provided in writing. A revision is a refinement within the agreed scope; it is not a change of direction, concept or specification.

9.3 A request that adds pages, features, platforms, deliverables, integrations, languages or campaign scope, or that changes an approved concept, is a change request and is chargeable. We will quote separately and will proceed only on your written acceptance. A change request may extend the delivery timeline and may alter the Delivery Stages.

9.4 Additional revision rounds beyond those included are chargeable at our then-current rates.

10. Delivery Stages, approvals and timelines

10.1 Every Order is divided into Delivery Stages. The Order Confirmation records each stage, what it comprises, and the percentage of the Contract Price attributed to it. The stages and percentages are agreed with you before work commences and form part of the contract.

10.2 Approval of a stage. On completion of a Delivery Stage, we will notify you in writing and, where the stage produces something reviewable, share it for your review. A stage is treated as approved on the earlier of (a) your written approval, and (b) the expiry of five (5) Business Days from our notification without written objection specifying the deficiency.

10.3 Effect of approval. Once a Delivery Stage is approved, the percentage of the Contract Price attributed to that stage is treated as earned by us in respect of Services actually performed, and is not thereafter open to challenge on the ground that the work was not performed. This does not affect your rights in respect of a defect subsequently discovered in that work.

10.4 Timelines communicated to you are estimates in Business Days and run from the later of receipt of the initial instalment and receipt of all content, access and information required to commence.

10.5 Time is not of the essence unless we have expressly agreed otherwise in writing in respect of a specific milestone.

10.6 A timeline is extended by any period of delay attributable to you, to a change request, to a third party, or to an event described in Clause 25.

10.7 Delivery is effected electronically. Detailed provisions on the manner, method and confirmation of delivery are set out in our Shipping and Delivery Policy.

10.8 Retainer and continuing Services, including search engine optimisation, social media management, advertising management, maintenance and support, are delivered on a recurring monthly cycle and are not one-time deliverables. They are billed for the cycle and are not measured by any single output. The monthly cycle is the Delivery Stage for such Services.

11. Third-Party Products and services

11.1 "Third-Party Product" means any product, service, licence, subscription or platform supplied by a person other than us, including domain names, web hosting, email hosting, secure sockets layer certificates, content management systems, plugins, themes, application programming interfaces, stock images, fonts, music, software licences, application store accounts, cloud services, and advertising and social media platforms.

11.2 A Third-Party Product is supplied on the terms of its own provider. We are a facilitator only. We give no warranty in respect of any Third-Party Product and are not liable for its performance, availability, pricing, suspension, discontinuation or terms.

11.3 Amounts paid to acquire a Third-Party Product are non-refundable once acquired, whether or not the underlying Order is subsequently cancelled.

11.4 Complimentary inclusions. Where a Package includes a domain name, hosting, professional email or similar item free of charge for a stated period, that inclusion is limited to the stated period and to the specification stated. Renewal after that period is your responsibility and is chargeable at the then-prevailing rate. We are not obliged to renew, and we are not liable for any consequence of non-renewal, including expiry or loss of a domain name.

11.5 Ownership of a domain name registered by us on your behalf will be transferred to you on written request, subject to full payment and to the registrar's transfer rules and lock-in periods.

11.6 Where a Third-Party Product provider suspends, terminates or restricts an account, or changes its policies, pricing or interfaces, in a manner affecting delivery, we will inform you and will use reasonable efforts to identify an alternative. Any such alternative may be chargeable.

12. Advertising spend and platform services

12.1 Where an Order includes management of advertising on any platform, advertising spend is separate from and additional to our management fee, and is funded by you.

12.2 Advertising accounts must remain in your ownership. Approval, disapproval, restriction or suspension of an advertisement, an account, a page or an asset by the platform operator is a decision of that operator and is outside our control.

12.3 You are responsible for the truthfulness and legal compliance of claims made in advertising material supplied or approved by you, including under the Consumer Protection Act, 2019, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and any applicable advertising code.

12.4 Platform costs, auction dynamics and delivery are determined by the platform operator. We do not control and do not guarantee cost per click, cost per acquisition, impressions, reach or conversions.

12.5 Advertising spend transferred to a platform is committed on your behalf at the point of transfer and is not recoverable by us. Clause 22.3(b) applies to it.

13. No guarantee of outcomes

13.1 We provide professional services on a best-efforts basis. We do not guarantee any commercial or algorithmic outcome. In particular, and without limitation, we do not guarantee:

(a) any search engine ranking, position, indexation, visibility, domain authority, traffic volume or inclusion in any artificial intelligence or generative search result;(b) any level of impressions, reach, engagement, followers, subscribers, views or virality;(c) any number of leads, enquiries, conversions, sales, revenue or return on investment;(d) acceptance, approval, retention or placement of any submission by any third-party platform, publication, editor or moderator; or(e) any specific business result.

13.2 Search engines, social media platforms and advertising platforms operate proprietary algorithms which change without notice. A change in an algorithm, policy or ranking, or a penalty or suspension imposed by such a platform, does not constitute a deficiency in the Services.

13.3 Any projection, benchmark, case study, past result or illustrative figure shared with you is indicative only and is not a representation, warranty or commitment as to your outcome.

13.4 Absence of a guaranteed outcome is not a deficiency in the Services and does not give rise to a right of refund under Clause 22.

14. Public relations, media and Wikipedia services

14.1 Where an Order includes digital public relations or online news publication, the Services comprise drafting, packaging and submission of material and the coordination of paid or sponsored placement where agreed. Editorial acceptance, headline, placement, positioning, duration and continued availability of any article are decisions of the publication and are outside our control.

14.2 Where an Order includes Wikipedia consultation and content preparation, the Services comprise research, sourcing, referencing and preparation of content in accordance with published Wikipedia guidelines. We are not affiliated with, endorsed by or acting on behalf of the Wikimedia Foundation. Creation, acceptance, retention, editing or deletion of any Wikipedia article is determined solely by Wikipedia's volunteer community and administrators. We cannot and do not guarantee that any article will be created, accepted or retained, and our fee is for the preparation and consultation work performed, not for any outcome.

14.3 Where an Order includes biography writing, the Services comprise drafting to your instructions. You are responsible for the accuracy of the facts supplied and for the consequences of publication.

14.4 Amounts paid to a publication, wire service or media platform for placement are committed on your behalf at the point of payment and are not recoverable by us. Clause 22.3(b) applies to them.

15. Artificial intelligence and automation Services

15.1 Where an Order involves artificial intelligence development, artificial intelligence generated content, automation or integration, you acknowledge that such systems are probabilistic and may produce output that is inaccurate, incomplete, outdated or unsuitable for a particular purpose.

15.2 You are responsible for reviewing, verifying and approving all such output before use or publication. We are not liable for any consequence of output used without review.

15.3 Automation and integration Services depend on the continued availability, functioning and terms of third-party application programming interfaces and platforms. A change to or withdrawal of such an interface may require rework, which may be chargeable under Clause 9.3.

16. Intellectual property

16.1 Our Platform. The Platform, the brand "The Tribal Node", our logos, marks, layouts, text and design are owned by the Company and are protected by law. You may not copy, reproduce, adapt, distribute, frame, scrape or create derivative works from them without our prior written consent.

16.2 Deliverables. Upon receipt of the full Contract Price and all other amounts due under the Order, all right, title and interest in the final Deliverable produced specifically for you under that Order shall vest in you, and we assign such rights to you under the Copyright Act, 1957.

16.3 Until full payment is received, all rights in the Deliverables remain with the Company, and any use of them by you is unlicensed. Where an Order is cancelled part-way, no right in any partial or work-in-progress Deliverable passes to you, whether or not a payment has been retained under Clause 22.3.

16.4 Our retained materials. We retain all right, title and interest in our pre-existing materials, source frameworks, libraries, code components, tools, methodologies, templates, processes, know-how and unused concepts, drafts and rejected options. Where any such material is embedded in a Deliverable, you are granted a perpetual, non-exclusive, non-transferable licence to use it as part of that Deliverable, but not on a standalone basis.

16.5 Third-party licensed assets. Fonts, stock images, video, music, plugins, themes and software incorporated into a Deliverable remain subject to their own licences. Where a licence is limited in scope, duration or number of installations, that limitation binds you, and renewal is your responsibility.

16.6 Portfolio. Unless you notify us in writing to the contrary before delivery, we may display the Deliverable, your name and your logo in our portfolio, case studies, website, proposals and social media for the purpose of demonstrating our work. This right does not extend to confidential information or unpublished material.

17. Confidentiality

17.1 Each party shall keep confidential all non-public information of the other disclosed in connection with an Order, shall use it only for the purpose of the engagement, and shall not disclose it to any person other than to those of its personnel and engaged specialists who need to know it and who are bound by equivalent obligations.

17.2 This obligation does not apply to information that is or becomes public other than by breach, that was lawfully known before disclosure, that is independently developed, or whose disclosure is required by law or by a competent authority.

17.3 This clause survives completion or termination of an Order for a period of three (3) years.

18. Personal data

18.1 Personal data is collected, used, disclosed and retained in accordance with our Privacy Policy.

18.2 You must not transmit to us the personal data of any third party unless you are lawfully entitled to do so and have obtained any consent required under the Digital Personal Data Protection Act, 2023.

19. Support and warranty

19.1 Where a Package includes a support period, that period runs from the date of delivery for the duration stated, and covers rectification of defects in the Deliverable as delivered, namely errors, malfunctions and failures to conform to the agreed specification.

19.2 A support period does not cover: new features, enhancements, redesigns or additional content; changes required by a third-party platform, browser, operating system or plugin update; issues arising from modification of the Deliverable by you or any person engaged by you; content updates; hosting, server, network or domain issues; recovery from a security incident not attributable to us; or advertising, marketing or optimisation work.

19.3 A defect must be reported in writing within the support period with sufficient particulars to enable reproduction. Our sole obligation is to rectify the defect within a reasonable time.

19.4 After the support period expires, support is available under a separate maintenance Order at our then-current rates.

19.5 Backups. Following handover, you are responsible for maintaining backups of the Deliverable and of your data, unless a backup service is expressly included in a subsisting Order.

19.6 Save as expressly stated in these Terms, and to the maximum extent permitted by law, all warranties, conditions and terms implied by statute or common law are excluded.

20. Acceptable use and prohibited content

20.1 You must not use the Platform or the Services in connection with any activity that is unlawful, or that involves: content that is obscene, paedophilic, defamatory, invasive of privacy, racially or ethnically objectionable, or that promotes hatred or violence; infringement of intellectual property; unlicensed gambling, betting or lottery activity; unregulated financial, investment or lending schemes; sale of narcotic drugs, psychotropic substances, weapons or other restricted goods; fraudulent, deceptive or misleading representations; unsolicited bulk communication; malware, phishing or unauthorised access to any system; or manipulation of reviews, ratings, engagement or search results by artificial means.

20.2 We may refuse or discontinue an engagement falling within Clause 20.1 without liability, and Clause 22.3 applies to amounts already paid.

20.3 You must not interfere with the Platform, attempt to gain unauthorised access to it, introduce any malicious code, or use any automated means to extract data from it.

21. Suspension and termination

21.1 We may suspend performance of an Order, and access to any account or Deliverable, where an amount due remains unpaid after its due date, where you are in material breach of these Terms, where required content or access has not been provided, or where continued performance would contravene applicable law.

21.2 Either party may terminate an Order for material breach by the other where the breach is not remedied within fifteen (15) days of written notice specifying it.

21.3 We may terminate an Order immediately where you become insolvent, where a winding-up or insolvency proceeding is commenced in respect of you, or where you engage in conduct falling within Clause 20.1.

21.4 On termination: amounts due for Delivery Stages completed to the date of termination become immediately payable; licences granted under Clause 16 in respect of unpaid Deliverables cease; and Clauses 7, 16, 17, 18, 22, 23, 24, 27, 28 and 29 survive.

21.5 Refunds on termination or cancellation are governed by Clause 22 and by the Cancellation and Refund Policy.

22. Cancellation and refunds

22.1 Cancellation of an Order and any entitlement to a refund are governed by this Clause and by our Cancellation and Refund Policy, which forms part of these Terms.

22.2 No cancellation charge. We do not levy any charge, fee or penalty on you for the act of cancelling an Order.

22.3 Amounts retained. Where you cancel an Order after work has commenced, the amounts retained by us are not a cancellation charge. They represent only:

(a) the value of the Services actually performed up to the date on which your written cancellation is received, assessed against the Delivery Stages and the corresponding percentages of the Contract Price recorded in the Order Confirmation; and

(b) any amount irrecoverably committed by us to a third party for your Order which we are unable to recover or reallocate despite reasonable efforts, evidence of which will be furnished to you on request.

22.4 Amounts refunded. Any amount paid by you exceeding the aggregate of Clauses 22.3(a) and 22.3(b) is refunded to you, together with the proportionate Goods and Services Tax, and is processed to the original payment method within seven (7) Business Days of the refund amount being agreed or determined.

22.5 Cancellation before commencement. Where you cancel before work has commenced on an Order, the full amount paid is refunded, less only any amount already irrecoverably committed to a third party at your request.

22.6 Third-Party Products. Amounts paid to acquire a Third-Party Product are not refundable once acquired, in accordance with Clause 11.3.

22.7 Continuing Services. For retainer and recurring Services, cancellation takes effect at the end of the billing cycle then current. The cycle in progress is not refundable and no further cycle is billed.

22.8 Cancellation by us. Where we cancel an Order otherwise than for your breach or for a reason set out in Clause 20 or Clause 21, no amount is retained on account of work performed, and all amounts paid by you in respect of that Order are refunded in full.

22.9 Statement of account. On cancellation we will issue a written statement setting out the Delivery Stages completed and approved, the percentage and value attributed to each, the third-party amounts committed, the amount retained, and the amount refunded.

22.10 Tax treatment. Where an amount is refunded against an advance, a refund voucher is issued under Section 31(3)(e) of the Central Goods and Services Tax Act, 2017. Where an amount is retained for Services performed, a tax invoice is issued for that amount and Goods and Services Tax is charged on it at the applicable rate.

22.11 Deficient Services. Nothing in this Clause affects your rights under the Consumer Protection Act, 2019 where the Services are found to be defective, deficient, spurious, or not of the characteristics or features agreed.

23. Limitation of liability

23.1 Nothing in these Terms excludes or limits liability for fraud, for fraudulent misrepresentation, for death or personal injury caused by negligence, or for any liability that cannot lawfully be excluded or limited.

23.2 Subject to Clause 23.1, our total aggregate liability arising out of or in connection with an Order, whether in contract, tort, under statute or otherwise, shall not exceed the amount actually paid by you to us under that Order in the twelve (12) months preceding the event giving rise to the claim.

23.3 Subject to Clause 23.1, we are not liable for loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill, loss of or corruption of data, or any indirect, special or consequential loss, however arising.

23.4 We are not liable for any act, omission, outage, suspension, policy change, penalty or failure of a Third-Party Product, platform, publication, registrar, hosting provider, payment aggregator, bank or telecommunications operator.

23.5 Nothing in this Clause restricts any right available to you under the Consumer Protection Act, 2019, to the extent that Act applies to you.

24. Indemnity

24.1 You shall indemnify and hold harmless the Company, its directors, officers and engaged specialists against all claims, demands, proceedings, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with: material or instructions supplied by you; your breach of Clause 8.3 or Clause 20; infringement by material you supply of any third-party right; and any claim by a third party in respect of content published at your instruction.

25. Force majeure

25.1 Neither party is liable for failure or delay in performance caused by an event beyond its reasonable control, including act of God, flood, cyclone, fire, earthquake, epidemic or pandemic, war, terrorism, civil unrest, strike, act or order of government, change in law, failure of power or telecommunications, internet or cloud service outage, or large-scale cyber attack.

25.2 The affected party shall notify the other promptly. Where the event continues for more than sixty (60) days, either party may terminate the affected Order, and Clause 22.3 applies to amounts paid.

26. Notices

26.1 Notices to us must be sent to hello@thetribalnode.com, or by post to the registered office stated in Clause 1.2.

26.2 Notices to you will be sent to the email address or the messaging thread associated with your Order and are deemed received on the Business Day following despatch.

26.3 A cancellation is effective only on receipt by us of written notice under this Clause.

27. Grievance redressal

27.1 In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology Act, 2000, the following officer has been designated to receive and redress grievances:

Grievance Officer: Ms. Chandana BasuDesignation: Director, Aurelian Vulcan Group Private LimitedEmail: hello@thetribalnode.comTelephone: +91 62908 24487Address: C/O Indranil Basu, Ground Floor, 95/1, Gouripur Bye Road, Birati, Kolkata, North 24 Parganas, West Bengal – 700051, India

27.2 Every grievance will be acknowledged within forty-eight (48) hours of receipt, allotted a reference number, and redressed within one (1) month of receipt.

28. Dispute resolution, governing law and jurisdiction

28.1 These Terms are governed by and construed in accordance with the laws of India.

28.2 The parties shall first attempt in good faith to resolve any dispute by discussion between senior representatives within thirty (30) days of written notice of the dispute.

28.3 Failing resolution, and where the Client is not a consumer within the meaning of the Consumer Protection Act, 2019, the dispute shall be referred to arbitration by a sole arbitrator appointed by mutual agreement, under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Kolkata and the language shall be English. The award shall be final and binding.

28.4 Nothing in Clause 28.3 restricts the right of a consumer to approach a Consumer Disputes Redressal Commission or any other forum available under the Consumer Protection Act, 2019.

28.5 Subject to Clauses 28.3 and 28.4, the courts at Kolkata, West Bengal shall have exclusive jurisdiction.

29. General

29.1 Entire agreement. These Terms, together with the Order Confirmation, the incorporated policies and any executed service agreement, constitute the entire agreement between the parties and supersede all prior discussions, proposals and representations.

29.2 Amendment. We may amend these Terms by publishing a revised version on the Platform with a new version number and effective date. The version in force on the date of your Order Confirmation governs that Order.

29.3 Assignment. You may not assign or transfer an Order without our written consent. We may assign or novate an Order to a successor of the business, subject to no diminution of your rights.

29.4 Severability. If any provision is held invalid or unenforceable, it shall be severed and the remaining provisions shall continue in full force.

29.5 Waiver. No failure or delay in exercising a right operates as a waiver of it.

29.6 No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.

29.7 Language. These Terms are executed in English, which shall prevail over any translation.

Aurelian Vulcan Group Private LimitedOperating the brand The Tribal NodeCIN: U62090WR2026PTC293034 | GSTIN: 19ABFCA2560A1Z3www.thetribalnode.com | hello@thetribalnode.com | +91 62908 24487