Terms Of Use

The domain name www.totatoo.com (“Website/Site”) and application Totatoo [https://totatoo.com] (“App”) is owned and managed by Totatoo Online Pvt. Ltd., a company duly registered and incorporated under the Companies Act, 2013, having its registered office at SRS Group, Office No. 815, Sacred World, South Block, Above McDonalds Wanowadi, Pune – 411040 (“Company” for reference hereinafter). For the purpose of the understated terms and conditions, wherever the context so requires "We/we" or "Our/our" or "Us/us" or “www.totatoo.com” or “Service Provider” refers to Company and shall include its successors and assignees.

GENERAL USER ELIGIBILITY INFORMATION:

You/you" or “Your/your” or “Yourself/yourself or User” shall mean reference to the Prospect or Customer or his/her representative and any other natural or legal person who has agreed to become a subscriber on the Website by providing information on the Website or accessing the Website and who is competent to enter into a legally binding Contract under the “Indian Contract Act, 1872. Any person who is not competent to enter into a legally binding contract including minors, un- discharged insolvents, persons of unsound mind etc. are not eligible to use this App and website. This App and website is intended for individuals who are 18 years of age or above. By accessing or using this App and website or the services rendered by this App and website in any manner, the App User and the Website User warrants that he/ she is 18 years of age or above.

By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to UNCONDITIONALLY accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘Terms of Use’), along with the terms and conditions as stated in our Privacy Policy or any other applicable policy that have been displayed on the website. 

This website/app is maintained at the highest possible standards as a service to our esteemed customers. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Website and your conduct, regardless of the means of access. Further we have the right to unilaterally modify this Terms of Use from time to time without notice. You hereby acknowledge and accept that it is your obligation to read the updated Terms of Use periodically to acquaint yourself with any modifications. Your continued use of this site after such modifications will constitute agreement of the modified terms and conditions.

When you access the Website or register emails or other data, information or send communication to us, you expressly agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

If you do not agree to these terms, we kindly request you not use the Website or review information or subscribe or purchase any product offered by the Website.

PRIVACY POLICY

We value the trust you have placed in us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this Terms of Use. To read our privacy policy in its entirety, click here [insert link].

Your continued use of the Website implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions.

EXTERNAL LINKS PRESENT ON THE WEBSITE:

At many places in this Website, you shall find links to other websites/portals. These links have been placed for your convenience. We are responsible for the contents and reliability of the linked websites and does not necessarily endorse the views expressed in them. Mere presence of the link or its listing on this website should not be assumed as endorsement of any kind. We cannot guarantee that these links will work all the time and we have no control over availability of linked pages.

SERVICES AND USE OF WEBSITE

We are engaged in managing and operating the Website, which provides an online marketplace that merely facilitates purchase and sale of products including, but not limited to a variety of fashion and lifestyle products between buyers and sellers and provides incidental services on behalf of sellers. We are merely an intermediary and do not offer for sale any product under our name and/ or under a brand name owned by us.

For further information, please refer to the About section on the Website. 

Through this Website, any User can purchase apparel, beauty products and accessories and such other products as may be offered through our Website from time to time. All products listed or promoted on our Website and the description contents therein are advertised and listed by registered sellers and are third party user generated contents. www.totatoo.com does not warrant that the product description, colour, information or other content of the Website is accurate, complete, reliable, current or error-free. www.totatoo.com neither develops/originates nor initiates the content nor selects the sender and receiver of the content, nor selects or modifies the information contained on the Website. We have no control over the third party user generated contents and do not provide any guarantee with respect to any such contents and we shall not be held liable for any loss suffered by You based on Your reliance on or use of such data/content. The product pictures are indicative/illustrative purposes and may not exactly match the actual product including but not limited to colour, texture, pattern or design as the case may be. You shall access the Website and transact at your sole risk and shall use Your best and prudent judgment before entering into any transaction through this Website. www.totatoo.com is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Website. Information and related materials are subject to change without notice. The information from or through the website is provided ''as is,'' ''as available,'' and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. we will not be liable to you for any direct or incidental, special or consequential damages of any kind that may result from use of or inability to use our website or in connection with these terms of use, even if user has been informed in advance of the possibility of such damages. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any products, services or information.

COMPLIANCE OF LAWS

The Website is owned by an Indian company and is located in India. Hence, we are duty bound to abide by the laws, regulations, rules, circulars, notifications etc applicable in India. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company.

Therefore, every User of this Website/App shall comply with all the applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, notifications issued there under by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Export Import Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments applicable for using the App or buying/ selling any product or service through the Website/App.

PERMITTED USE OF WEBSITE

You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by the Company in advance. The Company reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if it is believed that customer conduct violates applicable law or is harmful to our interests.

Under no circumstances you must not attempt to gain unauthorized access to Our Website, the server on which the Website is stored or any server, computer or database connected to this Website nor breach the security or authentication measures on the Website or any network connected to the Website.

You shall not make any defamatory statement(s), comment(s), negative or derogatory remarks about the Company or the brand name or domain name used by the Company, or otherwise involve yourself in any behaviour or action that might tarnish the image or reputation, of the Company and/or the goodwill associated with such trade or service marks, trade name as may be owned or used the Company. 

USER ACCOUNT AND REGISTRATIONS

For accessing the Services of the Website including but not limited to purchase/sale of products, providing testimonials, reviews and ratings etc. you will be required to register yourself on this Website by creating an Account and providing us information including but not limited to name, contact number, email address, shipping address etc. This will enable the User to access their accounts through the “Your Account” part of the Website and manage their email address and shipping addresses and view their existing or past orders. By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with www.totatoo.com and (b) provide true, accurate, current and complete information about yourself when we request it. If upon confirmation your details are found to be wholly or partly untrue, we have the right and sole discretion to reject the registration and restrain you from using the Website without any prior intimation or notice. When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies.

All information may not be required if you are accessing the Website as a Guest User. But in such cases, you will not be allowed to list/ sell products or services on Website and there could be certain additional restrictions on you as a Guest User for Your purchase and the other functionality of the Website available to you. As a Guest User, you will not be eligible for credits, promotional offers, credit points and such other benefits that are not assignable to a non-registered user.

However, maintaining the confidentiality of your account details, user id and password shall be solely your responsibility. You are responsible for all activities that occur under Your User ID and Password (if registered) or email ID and phone number (if Guest User) as the case may be. If there is any reason to believe that the security or privacy of your account has been breached, you should contact us immediately at the ‘Contact Us’ tab [insert link] provided below. In the event of any breach or suspected breach of the security of your account is found at our end, we may require you to change your password, temporarily or permanently, block or suspend your account without any liability to the Company.

The Company in its sole discretion, reserves the right to terminate this agreement and/or access to the services of the Website for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through restriction of cash on delivery option, we will no liability to provide you with prior notice of our actions. Further, you acknowledge that our decision to take certain actions, including limiting access to your Account, placing holds or imposing restriction, may be based on confidential criteria that is essential to our management of risk. You agree that the Company is under no obligation to disclose the details of its risk management or its security procedures to you.

You may terminate this agreement with the Company at any time by deactivating your account through an email sent to us at social@totatoo.com requesting the same. 

LICENSE AND WEBSITE ACCESS (retained as in Client’s website)

The Company grants you a limited sub-license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by the Company.

INTELLECTUAL PROPERTY

All graphical, textual and any other content appearing on this Website, unless otherwise noted, are the property of the Company.

Trademark. All URLs, logos and trademarks related to the Website/App, the look, feel and design of the Website interfaces, etc., and the selection and arrangements thereof are either trademarks or registered trademarks of the Company or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Company (“Trademarks” for reference hereinafter). The Company is the sole owner of the Trademarks and you may not copy, imitate, or use them without our prior written consent. Further you agree not to interfere with our rights in the Trademarks, including challenging our use, registration or application to register the Trademarks, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of the Company.

Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as specifically allowed in Terms of Use, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

You may view, copy, print and use content contained on this Website solely for your own personal use and provided that: (1) the content available from this Website is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Website is modified in any way; (3) no graphics available from this Website are used, copied or distributed separate from accompanying text; (4) no content available from this Website may be used for any purpose which is offensive or which disparages, damages or otherwise negatively reflects upon the Company, its products, its employees or its management. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Company or any third party, except as expressly provided herein.

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website. 

All third party Trademarks advertised or displayed on the Website belong solely to the respective third party and we do not have any rights over such third party trademarks. Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, and manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Company.

We hold no liability for violation of any intellectual property rights by third party vendors or sellers or any content uploaded or published by any User on our Website.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Company has to the best of its ability taken reasonable efforts to safeguard the accuracy and integrity of information and related materials on this Website, but nonetheless, the Company cannot be under any circumstance be held responsible for typographical errors, out-of-date information, technical or pricing inaccuracies appearing, or for reliability, accuracy, completeness, timeliness, performance, fitness for a particular purpose, functionality, safety, merchantability, quality, suitability, legality of the products listed or transacted, or the content (including product, pricing and/or specifications) of the the Website at any particular time or location. Information and related materials are subject to change without notice. 

The information from or through the website is provided ''as is,'' ''as available,'' and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any direct or indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. No advice or information, whether oral or written, obtained by you from us through the website shall create any warranty, representation or guarantee not expressly stated in this terms of use.

You understand and acknowledge that www.totatoo.com is acting only as an intermediary (as per definition under the Information Technology Act, 2000 and rules framed thereunder), between you and the seller and will not be held liable for any act of seller or other third party service provider.

Without prejudice, it is agreed by You that www.totatoo.com including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be held cumulatively liable for any damages or claims more than INR 5,000/- (Rupees Five Thousand) subject to applicable law in respect of all matters and You acknowledge that this is reasonable assessment of risk and liabilities.

INDEMNITY (retained from the Client’s website)

You agree to defend, indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, successors, assigns, licensors, any of their respective officers, directors, employees and agents, vendors, licensors, representatives, advertisers, service providers and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use or any other Website policy; (iii) Your violation of any third party right, including without limitation any intellectual property rights or privacy rights; (iv) or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the Website. 

You hereby expressly release the Company, its affiliates and/or any of its officers and representatives from any cost, direct, indirect, incidental, special, punitive or consequential damages, liability or other consequence of any of the actions or inactions of the other Users and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

GREVIANCE OFFICER

In accordance with the provisions of the Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Neha Raval

Address: Office No. 815, Sacred World, South Block, Wanowari, Pune - 41040

Phone Number: +919922990277

Email Address: neha.raval91@gmail.com


APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the product purchase contracts through the Website shall be governed by the laws applicable in India. Any controversy that arises or is related to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Courts in Pune.