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Terms for Use

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Terms for Use

 Updated and effective from November 27, 2023. 

These “Terms” are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules 2011. There Terms are an “electronic record” as contemplated under the Information Technology Act, 2000 and the Rules thereunder. These Terms are generated by a computer system and do not require any physical or digital signatures. 

The website tootoo.in and the “TOOTOO” mobile applications (“collectively referred to as “Platform”) are owned by Beverly Applications and Technologies LLP (“BAT”), a company incorporated under the Companies Act 2013 with registered office at A-37 Mayapuri Industrial Area, Phase-2, New Delhi – 110064, INDIA (hereinafter referred to as “BAT” or “Company”). 

The Terms of Use below govern the use of and access to our Platform. In these Terms of Use “You”, “Your” or “User” refers to you, the user of the Platform tootoo.in and/or the “TOOTOO” mobile applications. 
 
The “Products” mentioned in these Terms of Use refer to grocery items, personal care items, household items, and health and wellness Products. 

The “Services” mentioned in these Terms of Use refer to the various Services provided to You through our Platform including but not limited to sale of Products, earning and redeeming of wallet points, delivery of Products, various schemes launched from time to time, or any other interaction that You may have with our Company. 

By accessing the Platform, You agree to be bound by these Terms of Use and acknowledge that it constitutes an Agreement between You and the Company (hereinafter the “User Agreement”). This User Agreement is effective on the date on which You access the Platform or download our mobile application, and/or the date on which these Terms of Use are updated.  

Persons who are “incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors and un-discharged insolvents etc. are not eligible to use/access the Platform. However, minors may access and use the Platform under the supervision of an adult who agrees to be bound by the Terms of Use. Minors may in no circumstance purchase any goods or use any Services which are for adult consumption. 

BAT, in its sole discretion and without liability, reserves the right to terminate or refuse Your registration, or refuse to permit use/access to the Platform, if: (i) it is discovered or brought to notice that You do not conform to BAT’s eligibility criteria, or (ii) BAT has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by You, or (iii) You may breach the terms of this User Agreement.

ACCEPTANCE OF TERMS 

Welcome to tootoo.in and the “TOOTOO” mobile applications. Your use of the above is subject to the acceptance of our Terms of Use and You shall be legally bound by the same. In case You are not in agreement with any of these terms, please do not use the Platform. BAT reserves the right to modify these Terms of Use at any time and Your continued use of our Platform and Services would construe as an acceptance of these Terms of Use, as changed from time to time. You are requested to regularly visit the Platform to view the most current Terms. It shall be Your responsibility to check the Terms periodically for changes.  

BAT reserves the right to modify or update our site(s), colour schemes and designs, mobile applications, software or Services, including the discontinuation of any service. BAT, in no way, guarantees that the use of the Platform or Services shall be available to You at all times. BAT also reserves the right to modify our product listings, product categories, rates, prices, fee structure, discount, and wallet use (earnings and redemption) at any time without any prior information to you.  

Furthermore, Your acceptance of these Terms shall imply Your acceptance of the Privacy Policy available at  Privacy Policy on our Platform. If there is any dispute or conflict between these Terms and any other applicable terms, in relation to the Platform or the Services, these Terms of Use shall prevail.  

PERSONAL INFORMATION 

As part of the registration process on the Platform, BAT may collect the following personal information from You: Name including first and last name, email address, mobile phone number, address/es and information about the pages on the site You visit/access, the links You click on the site, the number of times You access the page and any such browsing information as BAT deems fit. You may also be directed to setup a username and password to login to the Platform or allowed login through a one-time password (“OTP”) to Your mobile phone number.  

 USER ACCOUNT REGISTRATION 

BAT requires that all users should create an account and secure this with a password or login through OTP, for use of Services under the Platform. It is Your responsibility to ensure that the personal and contact information provided by You should always be current and correct.  You will be responsible for maintaining the confidentiality of the account information and are fully responsible for all activities that occur under Your account. BAT takes no responsibility towards any illegal activity done by You through our Platform, or use of BAT’s Services by You under false pretences or in violation of Applicable Laws. 

You agree that the registration of Your account shall be construed as Your permission to be automatically opted-in (Opt-In) to receive promotional communication from BAT from time to time through Phone Calls, SMS, WhatsApp, Email or any other means of communications that our Company/BAT deem fit. You can opt-out of such subscription, Services, promotional messages at any time by writing to our customer service team. 

RESPONSIBILITY FOR YOUR ACCOUNT 

You agree that it is Your responsibility to maintain the confidentiality of Your account and password, and for restricting access to Your account. You agree that the information You provide during registration or otherwise is true, correct and complete. You agree that in case of change in any of Your personal information, You shall update the same on our Platform. You are responsible for all activities that occur under Your account and BAT cannot and will not be liable for any loss or damage caused due to this. The BAT team may verify Your account and by registering to our Services, You have agreed to the same.. 

In case any information provided by You is found inaccurate, untrue or incomplete, or BAT has reasonable grounds to suspect that such information is untrue or inaccurate, BAT reserves the right to suspend or terminate Your user account and disallow any and all current or future use of the Platform (or any portion thereof) at any time. 

You hereby confirm that the consent/instruction and/or approval so provided by You on the Platform will be valid, effective and binding on You without any further enquiry or due diligence as to the identity of the person purporting to give such consent/ instruction and/or approval.  

TOOTOO SERVICES AND LIMITATIONS 

The Platform is built to provide You the BAT Services and sale of Products. You can view and purchase the Products through our Platform as per Your requirement. Payment can be made online through our Platform or by paying cash on delivery (“COD”). The shipping and delivery of the items shall be done through BAT authorized delivery agents. 

BAT, at its own discretion, reserves the right to add, modify, withdraw, or remove any of the Services or Products listed above. It would be our Company’s endeavour to ensure easy access to our Platform, however, BAT, in no way, confirms or guarantees that all Services or Products would be made available at all times. Access to the Platform may be suspended, withdrawn, discontinued or changed without notice to you. BAT will not be liable to You if, for any reason, the Platform or Services or Products are unavailable at any time or for any period. 

The Services and Products on the Platform shall be available to select geographics in India. The Services are subject to certain restrictions based upon business hours and holidays. 

You agree and acknowledge that the authenticity and genuineness of the Products made available through the Platform shall be the sole responsibility of the third-party sellers supplying these Products to BAT. BAT shall have no liability with respect to the authenticity of the Products being facilitated through the Platform. BAT therefore disclaims all warranties and liabilities associated with any Products sold through the Platform. In case You have any issue, problem or doubts regarding any Product sold to you through the BAT Platform, You may contact the concerned Company/Brand-Owner/Manufacturer directly on the phone number/email provided on the Product label.

BAT is not responsible for the Products which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Platform at the time of placement of order by You.   

BAT shall take all reasonable efforts to make sure that the Platform shall reflect accurate information relating to the Products and Services including but not limited to the product availability, delivery availability, delivery time and such other information. However, in certain cases a part of the Products or Services may not be available, and such situations might be out of control of BAT. BAT would not be liable for discontinuation or non-availability of any Product or Service at any time on our Platform.  

ELIGIBILITY 

The BAT Platform is intended to be used by end-customers who can purchase the Products for their domestic self-consumption. Retailers, wholesalers and business users are not eligible to purchase Products for re-sale or other commercial purposes. 

BAT reserves the right to refuse its Services to any person or cancel any account in case it determines misuse of the Services provided under this Platform or violation of any Term of Use, and You shall have no objection to the same. 

BAT grants You a personal, non-exclusive, non-transferable, limited privilege to access and use the Platform and the Services provided herein. You shall use the Platform strictly as per the conditions laid out in these Terms of Use. BAT reserves the right to cancel and terminate Your account at any time in case we suspect any fraudulent transaction by You or any transaction that defies these Terms of Use. 

 PRICING AND PAYMENT 

BAT endeavours to provide You offers and discounts, as applicable, on the Products listed on the Platform. The discounts and offers would be applicable on the current MRP (maximum retail price) of the product which would be mentioned clearly on the Platform. BAT makes all efforts to ensure that the prices listed on its Platform are the most recent and current MRPs of all Products. BAT aims to ensure that prices of all Products offered for sale are true and correct. However, from time to time, the prices of certain Products may not be current or may be inaccurate on account of technical issues, typographical errors, or incomplete product information. In each such case, notwithstanding anything to the contrary, BAT reserves the right to cancel the order without any further liability.

Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Platform will be sold at a price higher than its MRP.

You may contact the BAT customer support team at info@tootoo.in in case You notice any discrepancy or difference or calculation error in the price charged to You against the price mentioned on the BAT Platform. In such a case, additional charges may be collected or refunded, as the case might be, and in case You do not agree to the same, You have the option to cancel Your order, return back the Products delivered and receive a refund for the returned Products. However, in no case or instance can You claim any amount over and above the cost of the returned Products paid by You.

The discounts and deals being offered on Products on the BAT Platform may change from time to time, without prior information to given to You. BAT reserves the right to change the discounts, deals and offers being given on the Products on the Platform at any time and You shall have no objection to the same.

BAT only accepts your offer and concludes the contract of sale for a Product ordered by You, when the Product is shipped or dispatched to You and a message is sent to You that the Product has been shipped or dispatched to You (the “Shipment Confirmation”). BAT reserves the right, at BAT’s sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to You.

All orders placed on the Platform are subject to the availability of such Product/s, our acceptance of Your offer as per the above and Your continued adherence to these Terms of Use. You acknowledge and accept that the title and risk of all Products ordered by You shall pass on to You upon the delivery of the purchased Products to You.

The order You place through the Platform may be subject to a delivery charge when the minimum order value is not met. You will be informed of such delivery charges at the check-out stage during Your order. By confirming Your order, You agree to pay the delivery charges as applicable. 

You can cancel Your order within 24-hours of placing the same. In such a case, You are eligible to claim a refund in accordance with the return and refund policy of the company. 

WALLET AND WALLET POINTS – TERMS AND LIMITATIONS OF USE 

By creating, using, earning and/or redeeming the Wallet and/or Wallet Points, You confirm that You are agree with and accept these Terms of Use and Limitations governing the Wallet and Wallet Points, as given below: 

  1. You agree to provide Your correct name, address, mobile number and email (if required) and are solely responsible for any wrong, in-complete or out of date information that You may provide or may have provided. 
  2. Wallet Points may only be acquired, earned and used in accordance with the rules, guidelines and schemes launched by BAT.   
  3. Wallet Points can only be used towards the purchase of eligible Products on the Platform. If Your purchase exceeds Your Wallet’s balance, the remaining amount must be paid with another accepted mode of payment.  
  4. Wallet Points will expire as per the expiration dates and cycles mentioned on our Platform which can be accessed when you visit the Wallet section on your Account. It is your responsibility to check the expiry dates of your Wallet Points and use them within the validity period, as failure to do so shall result in loss of expired points. Wallet Points cannot be converted into or (re)claimed in cash or otherwise paid out. By using the Wallet program, You expressly give Your consent that You understand that the Wallet Points are expirable and cannot be reinstated upon expiration. BAT, at any time, is entitled to set off and settle any Wallet Points with any claim BAT may have on You without giving you any advance notice of the same. 
  5. The Wallet Points cannot under any circumstances be transferred, bequeathed, set over, encumbered, assigned, (re)sold or combined, whether or not for valuable consideration, to any third party (whether or not that person has a BAT account).  
  6. The Wallet program and use is open solely for persons who are above 18 years of age. 
  7. In case You commit any fraud, misuse, or misbehaviour on or through the Platform, BAT retains the right to unilaterally and without notice close Your account and You shall forfeit all Your Wallet Points which shall immediately be confiscated, expired or cancelled at the sole discretion of BAT. BAT reserves the right to debit Your account in case You have acquired Wallet Points improperly or in violation of these Terms of Use. 
  8. By using the Wallet, You agree not to earn or redeem the Wallet and Wallet Points in any manner that is misleading, deceptive, unfair, or otherwise harmful to BAT, its associates or its customers. BAT reserves the right, without notice to You, to suspend or terminate Your Wallet and any associated balance/Wallet Points without a refund, suspend Your account, suspend or terminate the ability to use BAT’s Services, cancel, confiscate, expire and forfeit the Wallet Points, cancel or limit orders, and bill alternative forms of payment, if we suspect that You are using the Wallet or Wallet Points fraudulently, unlawfully, or otherwise in violation of these Terms of Use. 
  9. BAT shall not be liable for any loss, expense, including, without limitation, attorneys' fees, accident or inconvenience that may arise in connection with the use or redemption of Wallet Points. 
  10. The limitations of liability as set out in these Terms of Use for use of BAT’s Platform shall fully apply to the Your Wallet and earning/redeeming of Wallet Points.  
  11. BAT reserves the right to cancel, replace and change these Wallet terms, including the accumulation, redemption and expiration structure, from time to time at its own discretion and without prior notice to You. 
  12. BAT may, at their sole discretion, terminate the Wallet program at any time and for any reason. BAT will make reasonable efforts to give You advance notice of termination of the Wallet program. Upon termination of the Wallet program by BAT, all Wallet Points shall expire one month from the date of the advance notice of termination or after the applicable Wallet Points expiration date, whichever occurs first. 
  13. In case You delete your user account at any time, the unused points accumulated in Your Wallet shall be lost and un-recoverable. You may note that reinstatement of these lost Wallet points shall not be possible once you delete Your account.
  14. BAT reserves the right to audit any and all accounts in the Wallet program at any time and without notice to You to ensure compliance with the Wallet program or investigate (alleged) fraud or misuse. 
  15. Use of the Wallet and Wallet Points by You confirms that You have read through the above Terms and Limitations of Use and give your express consent to BAT to exert its rights under these terms, and in its sole discretion, to change, amend or otherwise modify the Wallet program and rules concerning the use and expiration of Wallet Points at any time, without prior notice to You. You are advised not to use the Wallet in case You are not in agreement with any of these Terms and Limitations of Use governing the Wallet.  

RETURNS AND REFUNDS 

In case You have placed an order through the Platform You may return the Product/s in case You are not satisfied with the quality of the Product/s or are not in agreement with the price charged to You for the Product/s. Due to the perishable nature of certain items, it is BAT policy that You can only return a Product/s within 24-hours hours of receipt of the same. Returned Product/s need to be un-used and un-washed, and in their original packaging with all tags and stickers intact. 

The refund for returned Products would be dependent upon quality check of the returned Products once they reach back into our warehouse. Refunds will not be made for any opened, used, or broken/damaged Products. BAT’s decision on quality inspection report and refunds shall be final and binding upon You. 

BAT’s total liability for Products returned by You within the return timeframe of within 24 hours of receipt, or in relation to Services, based on the inspection and proof of the genuineness of such returned Products, is limited at BAT’s sole discretion which will be conclusive and binding, to not more than the price of the returned Products which were sold through BAT’s Platform.  

The amount due to You for refunds will only be credited back into Your wallet as wallet points which can be used by You for future purchases on BAT’s Platform. The time taken for refund can vary from 7-10 days of return of the Product/s by You. 

USER OBLIGATIONS 

You shall use the Platform for lawful purposes only and comply at all times with all the applicable laws and regulations while using and transacting using the Platform. You are using this Platform at Your own risk and are using Your judicial and sensible judgement while transacting on the Platform. 

You agree not to access (or attempt to access) the Platform and the materials or Services by any means other than through the interface that is provided by Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform.   

You agree that You shall provide correct and true information at the time of registration of Your account and while using the Platform. You further authorize the BAT representatives to contact You to verify the information on Your account or for any transaction made by You on the Platform. In case any account or transactional information provided by You is found to be incorrect or untrue, BAT reserves the right to cancel such account without prior intimation whatsoever. 

You agree that BAT shall not be held responsible for any delays or failure to make delivery of Your order due to any cause which is beyond BAT’s reasonable control.  BAT’s decision in such cases shall be final and binding upon you. In case of any failure to make an order delivery, any payment, if made, for the order by You shall be duly refunded back to you as per BAT’s refund policy.

You are allowed the use of this Platform for lawful purposes only and not indulge in any activity out of the scope of the Platform. 

COPYRIGHT 

All materials published on or in the Platform, or rendered through any of our Services, are protected by copyright laws. No copyright material or other content may be reused, reproduced, republished, disseminated, transmitted, sold, displayed, broadcast, or circulated, or otherwise exploited in any manner without the express written permission of BAT or permission of the copyright owner. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of BAT’s or any third party's intellectual property rights. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of BAT, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. 

You may not download (other than page caching) any of the contents of the Platform, or modify it, or any portion of it, except with express written consent of BAT. The use of the Platform does not include any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform 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. The Platform and its contents may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BAT. You may not use any meta tags or any other "hidden text" utilizing the Platform’s or BAT’s name or any of BAT’s trademarks without the express written consent of BAT. 

In the event You believe that any content posted on the BAT Platform or used in any BAT Services infringes Your copyright or other intellectual-property rights, You may contact our customer service at info@tootoo.in who shall then forward the information to our Copyright/Trademark agent. 

YOUR INFORMATION

You own and bear all liability for all of the information that you post on the Platform.  

  1. You may delete your User Account at any time. In case You delete Your User Account, the Wallet Points, if any, accumulated in your Wallet shall also automatically get deleted along with Your User Account.  
  2. In case You delete Your User Account, the information provided by You may persist in BAT’s backup copies for a reasonable period of time (but will not be available to others, except as required under lawful orders of a court or other such legal authority).  
  3. Notwithstanding the above, You agree that BAT may retain and use any of your data or information to provide You the Services and for ancillary purposes including, but not limited to research and analysis in accordance with applicable laws and Our Privacy Policy. 

INDEMNIFICATION 

You agree to indemnify and hold harmless BAT, its owner, licensee, affiliates, subsidiaries, group companies (as applicable), their respective officers, directors, partners, agents, employees, consultants, contractors suppliers and co-branders against any claims, demands, liabilities, damages, judgements, losses, costs, expenses, or actions including reasonable attorney fees, made by any third party arising out of Your violation of these Terms of Use or Your use of our Platform, or arising out of violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of defamation, any dispute or litigation caused by Your action or omission, Your negligence or violation or alleged violation of any applicable law or right of a third party privacy or publicity violation) including but not limited to any of the Platform’s content and Services or Your use of information received from the Platform. This clause shall survive the expiry or termination of these Terms of Use. 

SEVERABILITY 

 If any provision in these terms of Use becomes invalid, illegal, or enforceable for any reason, such provision shall be eliminated such that the remaining provisions of these Terms of Use shall not in any way be affected or impaired. 

PRIVACY POLICY 

BAT views the protection of Your privacy and information as a very important principle. We store and process Your account information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. 

In addition to other clauses in these Terms of Use and Your explicit consent before availing the Services on the Platform, You agree and specifically consent that BAT may collect, process, store, transfer, transmit or otherwise use such of Your information pursuant to Your consent for availing the Services for a period not exceeding 10 (ten) years or such other time period as applicable, from the date of Your consent.  

BAT’s current Privacy Policy is available at  Privacy Policy. You are advised not to use the Platform if You have any objection to Your information being transferred or used in this way.  In case of BAT’s merger with or acquisition by another business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever BAT will share / sell / transfer / license / convey some or all of Your personal information with another business entity. In such a case, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. 

You hereby consent and agree that You have read and fully understood the Privacy Policy of BAT in respect of the Platform. You further consent that the terms and contents of such Privacy Policy are acceptable to You.   

TERMINATION

This User Agreement is effective unless and until terminated, either by You or by BAT. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Platform, subject to the terms of the Your Information clause above. BAT may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Platform.

BAT’s right to any comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Platform or affect any liability that may have arisen under the User Agreement prior to the date of termination.

GRIEVANCE POLICY 

In case of any complaints or concerns regarding the use of the Platform, an email may be sent to info@tootoo.in and our grievance officer shall contact You to address the same. 

APPLICABLE LAW 

These Terms shall be governed and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi, India. You waive any and all objections to the exercise of jurisdiction over You. In case of any dispute or difference, either in interpretation or otherwise, of any terms of these Terms of Use between the parties hereto shall be referred to an independent arbitrator who will be appointed by BAT and this decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in New Delhi. 

DISCLAIMER 

You expressly agree that the use of the BAT Platform is at Your sole risk. The Platform and the information provided is made available to You without any warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, accuracy, dependability, consistency and performance and BAT does not accept any liability for any errors or omissions. 

BAT does not guarantee that the Platform would function at all times without interruptions or inaccuracies, and its operation may be interrupted at any time due to failure, maintenance, updates or technical glitches or otherwise. BAT disclaims all liability for any loss caused to You due to interruption or non-functioning of our Platform. 

You understand that BAT reserves the right to vary, alter or modify the Terms of Use and the terms relating to the Services, at any time and at BAT’s sole discretion. Policies related to returns/ exchanges, penalties, refunds, cancellation, Wallet and Wallet Points use will be updated by BAT from time to time, without any explicit permission from You. You are required to check the same periodically on our Platform to keep Yourself updated and be aware of same. Using the Services once does not entitle automatic eligibility to avail similar Services or Products the future. 

DISCLAIMER OF LIABILITY 

BAT hereby disclaims all warranties and conditions with regard to these Terms of Use, information, software, Products, and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The suppliers providing the Products to BAT, or any such third parties we may take Services from, are independent entities and BAT is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. 

ZERO LIABILITY 

You agree and acknowledge that You have unequivocally consented to these Terms of Use in relation to availing the Services. You also agree and acknowledge that the BAT has no liability, whatsoever, in relation to this User Agreement and You shall not initiate any legal proceedings against BAT and any person related thereto with respect to the User Agreement. 

LIMITATION OF LIABILITY 

The total liability of BAT, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from You for purchases made pursuant to an order under which such liability has arisen and established. 

IN NO EVENT SHALL BAT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCLUDING WITHOUT LIMITATION INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE USE OF OUR PLATFORM AND THESE TERMS OF USE.