TERMS OF USE

 

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 Platform www.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”.

 

The Terms of Use below govern the use of and access to our Platform. In these Terms of Use “You” or “Your” refers to the user of the Platform www.tootoo.in and/or the “TOOTOO” mobile applications.

 

“The ‘Services” mentioned in these Terms of Use refer to the various services provided to you through our Platform.

 

ACCEPTANCE OF TERMS

 

Welcome to www.tootoo.in and the “TOOTOO” mobile applications. Your use of the above is subject to the acceptance of our Terms of Use and 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), 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, rates, prices and our fee structure at any time.

 

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 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. You may also be directed to setup a username and password to login to the Platform.

 

USER ACCOUNT REGISTRATION

 

BAT requires that all users should create an account and secure this with a password for use of services under the Platform. 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.

 

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 SMS, WhatsApp or Email. You can opt-out of this at any time by contacting our customer service representative.

 

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 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 will verify your account upon registration 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.

 

TOOTOO SERVICES

 

The Platform is built to provide you delivery of groceries and dairy items, medicines, drugs and pharmaceutical products, health and wellness products, fruits and vegetables (“Products”) upon receipt of your order. You can view and purchase the items through our Platform as per your requirement. Payment can be made online through our Platform or by paying cash on delivery (“COD”). The 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 TOOTOO services or Products listed above. BAT, in no way, confirms or guarantees that all services or Products would be made available at all times.

 

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

 

BAT purchases the Products from distributors of various brands and companies (“third-party sellers”) to sell on their Platform. Therefore, as such BAT cannot have any control or influence over the quality of Products being supplied by these third-party sellers, and the Products are sold in the same state as received from the third-party sellers in our warehouse. You hereby agree and acknowledge that BAT shall not be liable in any way for the services or Products sold through the Platform. 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. 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.  

 

In case of medicines, drugs and pharmaceutical products requiring a valid prescription, the same would have to be uploaded by you on our Platform. BAT shall deliver such medicines and drugs only after due verification of the prescription upload by you. Further, you agree that in case of all such orders involving medicines and drugs requiring a valid prescription, you shall make the same available at the time of delivery of such medicines and drugs. You further acknowledge and accept that BAT shall not be in a position to make any substitution of equivalent medicine in case any medicine is not available in their stock, and the same would have to be done by your licensed medical expert/doctor.

 

ELIGIBILITY

 

The services being provided under this Platform would be available in select geographical areas in India only. Persons who can form legal binding contracts under the Indian Contract Act 1872 are the only ones eligible to use this Platform. Persons who are “incompetent to contract” including un-discharged insolvents etc are not eligible to use this Platform. Minors, who are below 18 years of age, may use this Platform only under the supervision of parents who can transact on your behalf using their registered account. Minors are strictly prohibited from purchasing any products which are for adult consumption and the sale of which is prohibited to minors. Minors are cautioned not to order any medicines or drugs without the supervision and consent of their parents. Use of any medication should be strictly as per the advice of your registered medical practitioner.

 

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 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. However, in limited cases there might be a change in MRP of certain products which could not get updated on the Platform. In such a case, additional charges may be collected or refunded as the case might be at the time of delivery of the order.

 

The order you place through the Platform may be subject to a delivery charge where the minimum order value is not met. You will be informed of such delivery charges at the check-out stage during your order.

 

You can cancel your order any time. In such a case, you are eligible to claim a refund in accordance with the return and refund policy of the company.

 

RETURNS AND REFUNDS

 

In case you have placed an order through the Platform you may return the Product/s at the time of delivery in case you are not satisfied with the quality of 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 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 amount due to you for refunds will be credited back in the same mode as it was originally paid by you. The refunds would be made in Indian rupees only. 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 our reasonable control.

 

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 if 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.

 

No resale or commercial use of this Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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 is allowed. 

 

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.

 

INDEMNIFICATION

 

You agree to indemnify and hold harmless BAT, its owner, licensee, affiliates, subsidiaries, group companies (as applicable), their respective officers, directors, agents, and employees, 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, 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.

 

BAT’s current Privacy Policy is available at www.tootoo.in/privacypolicy. 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 / covey 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.  

 

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 his 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.

 

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 a user 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.