Users are requested to carefully read this Agreement prior to accessing, browsing, or using the Platform. Accessing, browsing, or using the Platform by the Users, shall be deemed to constitute their acceptance of this Agreement and an undertaking to be bound by its provisions.
This document is an “Electronic Record” in accordance with the provisions of the Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information and Technology Act, 2000. This electronic record is generated by the computer system and does not require any physical or electronic signature. This document constitutes a legally binding agreement between the User and the Company establishing the rights and obligations pertaining to the use of the Platform and availing the various Services, features, content, and offerings available on it.
The Company reserves the right, at its sole discretion, to amend, modify, add, or delete portions of the Terms, at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Platform following the amended Terms shall mean that you accept and agree to the edits.
1. DEFINITIONS AND INTERPRETATION
a) “Account” shall mean the user account created by the Users on the Platform to avail Services.
c) “Applicable Laws” shall mean any statute, law, rules regulation, ordinance, notification, order, decree, judgment, rule of common law, government approvals, bye-laws or other governmental restrictions or any administrative order or notice in effect as of the date of this Agreement or anytime thereafter.
d) “Platform” are the references to our website www.tatoz.com & www.tatoz.in or our mobile application Android and iOS through which we offer our Services.
e) “Products” shall mean All products and services ordered and marketed through the platform.
f) “Services” shall mean an online marketplace where Users can transact with third party sellers, who have been granted access to this Platform to display and offer products for sale through this Platform from time to time as stipulated herein.
g) “User” shall include any person accessing this Platform of the Company. The people who place an order for purchasing products through this Platform.
Unless otherwise, the context requires in this Agreement:
a) The terms “you” and “user” shall mean any natural or legal person who browses through the Platform or avail Services through the Platform.
b) The terms “we”, “us” and “our” shall mean the Company.
c) The “User” and the “Company” shall individually be referred to as the “Party” and collectively as the “Parties”.
d) Words denoting any gender shall be deemed to include those of the other gender.
e) Words using the singular or plural number also include the plural and singular, respectively.
f) The terms hereof, hereby, hereto, and derivative or similar words refer to this entire Agreement or specified clauses of the Agreement as the case may be.
g) The term clause or Schedule refers to the specified clause or Schedule of this Agreement.
h) Heading or bold typeface is used only for the purpose of convenience and shall be ignored for the purpose of interpretation.
i) Reference to the word include shall be construed as without limitation.
j) Reference to any legislation or applicable law or any provision thereof shall refer to any such applicable law as amended, suspended, or re-enacted from time to time.
k) The headings provided herein are for convenience purposes only and shall not deem to affect or limit any of the provisions hereof.
3. REGISTRATION AND ACCOUNT FOR USE OF SERVICES
3.1 To avail services on the Platform, the Users shall register and create an account with the Platform that would require the Personal Information of the Users.
3.2 The Company, in order to verify your identity and avoid cases of fraud, theft identity, etc., may verify your personal data by communicating with you and requiring you to provide a one-time password (OTP).
3.3 In consideration of the use of the Platform by registering with us, you hereby represent that you are of legal age to form a binding contract and are not prohibited from receiving the Services under the laws of India.
3.4 The responsibility for all the activities in relation to a User account including maintaining the confidentiality of their username the password shall be solely borne by the concerned User and the Company shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account, the User shall promptly notify the Company.
3.5 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
3.6 When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide shall be true, accurate, current, and complete information while registering on the Platform and you shall undertake to update/inform the Company of any change in the information from time to time as it has a direct bearing on the provision of Services provided by or through the Company. You hereby undertake that by registering on the Platform, you are not misrepresenting any information, or your identity and you shall not make any attempt to make any unlawful access to the Platform in order to use the Services thereof.
4. ORDER PLACING
4.1 Any contract for availing the Services from this platform is between you and the Company. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of placing the order. You also warrant that the credit or debit card details that you provide are of your own credit or debit card and that you have sufficient funds to make the payment.
4.2 Any Services purchased from this Platform are intended for your use only and not for resale.
4.3 When ordering from this Platform you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
4.4 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. During instances of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Platform.
4.5 Any order that you place with us is subject to product availability, delivery capacity, and acceptance by us. When you place your order online, we will send you an auto-generated confirmation mail about the same. You must inform us immediately if any details are incorrect. If the product for which you placed the order is not available or if we are not able to deliver it to your location, we will inform you through a phone call or SMS or push notification.
5. PRICE AND PAYMENT
5.1 Any order for the supply of products from this Platform is between you and the Company. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
5.2 All prices listed on the Platform are correct at the time of publication. We also reserve the right to alter the product catalogue on the Platform.
5.3 All prices for delivery by us or a third-party provider assigned by us listed on the Platform are correct at the time of publication; however, we reserve the right to alter these in the future.
5.4 The total price for the product ordered including taxes will be displayed at the time of checking out your order. Full payment must be made for all items dispatched ordered either through cash on delivery or via online payment, e.g., Google Pay, PhonePay, Razorpay, PayTM, Amazon Pay, Mobikwik, Freecharge, Airtel Money, JioMoney, PayZapp, or SBI Buddy.
5.5 If you choose online payment, you must pay for your order prior to delivery. To ensure that shopping online is secure, your debit/credit card details will be encrypted, thereby preventing the possibility of any third party accessing your information.
5.6 If a customer makes the payment for the same order more than once by mistake, the extra amount will be refunded via the same gateway to the source within ¬¬¬2-4 working days.
6. DELIVERY SERVICES
6.1 Delivery timings quoted at the time of placing the order are approximate and may vary based on factors such as traffic, weather conditions, and availability of the product. We do not guarantee that orders will be delivered within the estimated time. The product you ordered will be delivered to the address designated and confirmed by you at the time of placing the order.
6.3 If you fail to accept your order when it is out for delivery, or if we are unable to deliver at the stated time due to your failure to provide appropriate instructions or authorizations, then such order shall be re-scheduled and all risk and responsibility in relation to such order shall pass on to you.
6.4 You must ensure that at the time of delivery of your order adequate arrangements, including access to the premises where necessary, are in place for the timely delivery of your order.
6.5 We shall not be liable to you for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery.
6.6 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative address.
7. CANCELLATION AND REFUND
8. USER INFORMATION
8.1 You agree to provide us with accurate and complete information wherever and whenever we have requested information to provide delivery.
8.2 You authorize us to use, store or otherwise process your personal information in order to enable the delivery of products to you and for marketing and credit control purposes. These purposes may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide delivery of the order.
8.3 You are entitled to request a copy of the personal information we hold on you. Please contact us at firstname.lastname@example.org or email@example.com if you wish to request this information.
9. COMPLAINTS & GRIVIENCES
9.1 We take complaints very seriously and aim to address your concerns within 2-7 business days. All complaints should be sent to firstname.lastname@example.org . The Customer Support Team can also be reached on email@example.com .
10. CONTENT, INTELLECTUAL PROPERTY, AND PROPRIETARY RIGHTS
10.1 Apart from any content or information provided by a User or any third-party, the ownership and any and all rights, titles, interests in the intellectual property and proprietary information and content on the Platform (Trademarks, Copyrights, Patents, Designs) including without limitation any logos, graphics, slogans, text, content, software, code, illustrations, images, icons, programs, technology, the look and feel of the Platform and the compilation and arrangement of the content and materials on it exclusively belong to the Company, its suppliers and licensors. User’s access or usage of the Platform does not confer upon them any right or license in the intellectual property or proprietary information of the Company as stipulated herein.
10.2 Users shall not inter alia copy, reproduce, duplicate, republish, transmit, download, post, distribute, modify the aforementioned intellectual property and proprietary information of the Company as aforesaid in any manner whatsoever without the express consent of the Company or use the same for any commercial purposes.
10.3 The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to the Company, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which the Company shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability. In the event the intellectual or proprietary rights of a User have been violated or infringed as aforesaid the aggrieved User shall forthwith notify the Company of the same along with adequate proof and the Company shall, in its discretion take necessary and appropriate action thereafter.
11. USER OBLIGATIONS
11.1 The Users shall provide accurate, complete, and up-to-date information at the time of registration and creating an account on the Platform and shall ensure that they possess the rights, titles, and interests in the data, information, and content they submit on the Platform.
11.2 The Users agree and acknowledge that the Company shall in its discretion be entitled to verify the information provided by the Users and the Users shall cooperate with and provide adequate proof of the same to the Company as and when requested by it.
11.3 The account of the Users and their username and passwords shall solely and exclusively be for their personal use and the Users shall at all times ensure the confidentiality of their username, password, and identification and shall be solely responsible for all activities on his/her account. The Users shall forthwith notify the Company in the event of any unauthorized activity pertaining to their account.
11.4 The Users shall maintain abide by all laws, rules, regulations, guidelines, ordinances, and orders in force at all times during the term of this Agreement.
11.5 The Users shall maintain the minimum balance required by their respective banks to avail Services and make payments through the Platform. The Company assumes no liability in respect of violation of any of the obligations imposed by the Issuing Bank on the User and any deductions made by the bank as insufficient balance charge(s).
11.6 You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
11.7 You shall not use any "deep-link", "page-scrape", "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 or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
11.8. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
11.9. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
11.10. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Tatoz, , Tatoz.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Tatoz or sellers on platform or otherwise tarnish or dilute any Tatoz's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Tatoz's systems or networks, or any systems or networks connected to Tatoz.
11.11. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
11.12. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
11.14. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
11.16. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
11.19. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
11.20. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
11.21. Tatoz shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
12.2 Maintaining the confidentiality of their username the password shall be solely borne by the concerned User and the Company shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account, the User shall promptly notify the Company. The Company shall not be responsible for any disclosure of such information by you to a third party.
13. THIRD-PARTY LINKS AND SERVICES
13.2 We use a third-party service provider to facilitate payment and withdrawal procedures on the Platform including user verification. By using our Platform, you agree to use such third-party services by us.
14.1 The Platform and the Services, features, offerings, information, content available on it is available on an ‘as is’ and ‘as available’ basis. The Company disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement, or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Company does not guarantee any specific results from the usage of the Platform.
14.2 The Company provides no warranty that:
a) The Services will be uninterrupted and free from any bugs or errors;
b) The Services will meet your requirement;
c) Accuracy or reliability of the results that may be obtained from the use of Services;
d) The quality of Services, information, or other material obtained by you from or through the Platform will meet your expectation;
e) The Platform will be compatible with your device;
f) The accuracy of data provided on the platform
14.3 The Company, its officers, directors, employees, affiliates, or agents shall not be liable, whether in contract or tort in any manner whatsoever for:
a) any interruptions in the Services;
b) delay in access or interruptions on the Platform;
c) loss, theft, non-delivery, destruction, corruption, of data;
d) any loss or damage incurred as a result of your access or usage of the Platform;
e) the occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Platform;
f) inaccuracies or omission in the content;
g) any other event beyond the control of the Company.
14.5 In order to render Services, the Company may be required to enter into arrangements or agreements with third-party payment gateways, facilitators, or processors for collection, refund, remittance, or payment made by you on the Platform. The Company hereby disclaims all warranty in respect of any of the Services brought to you by the third-party service providers.
14.6 The Company shall assume no liability whatsoever in respect of any loss or damage arising directly or indirectly to you or any third-party due to:
a) Lack of authorization for any transaction.
b) Illegitimacy of the payment method (including debit/credit card fraud) being used by you.
c) Lack of authorization for any transaction made using the Platform.
d) The decline of transactions by Issuing Bank for any other reason whatsoever.
14.7 The use of the Platform and any resultant connection, exchange, communications, or transaction does not constitute an offer, advice, counseling, recommendation on part of the Company and any loss, liability, expenses, damages, judgments incurred by any User as a result of entering into a transaction by using the Platform shall solely and exclusively be the responsibility of and borne by such User and the Company shall not bear any liability or responsibility for the same.
15. LIMITATION OF LIABILITY
15.1 Great care has been taken to ensure that the information available on this Platform is correct and accurate. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of this Platform will be error-free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Platform and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
15.3 We disclaim any and all liability to you for the order placed to the fullest extent permissible under applicable law. This does not affect your statutory rights as a buyer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant product. We cannot accept any liability for any loss, damage, or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
15.4 We do not accept any liability for any delays, failures, errors or omissions, or loss of transmitted information, viruses, or other contamination transmitted to you or your computer system via our Platform.
15.5 We shall not be held liable for any failure or delay in delivering order where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
15.6 We have taken all reasonable steps to prevent Internet fraud and ensure that any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
15.7 The products sold by us are provided for personal use only. In the event, we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, we may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, we reserve the right to seek compensation from any and all violators.
16. FORCE MAJEURE
17.1 Users shall indemnify and hold harmless the Company and its representatives, affiliates, partners, contractors, officers, directors, employees, and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by the Company as a result of or arising out of a User’s.
b) breach of any representation or warranty
c) use of the Platform and its content
d) availing the Services, features, and offerings available on the Platform
e) violation of the intellectual property or proprietary right of the Company or any third-party
f) violation of the privacy, confidentiality, information, or any other right of the Company or any third-party.
g) violation of any Applicable Laws.
h) any act, omission, fraud, misrepresentation on part of the User.
17.2 The foregoing right to indemnity shall be in addition to any other right that may be available to the Company in equity or under Applicable Laws and the indemnity rights shall survive the termination of this Agreement and User's usage of the Platform.
18. TERM, TERMINATION, AND VIOLATION
18.1 This Agreement shall be valid and continue to be operative as long as the Users continue to use the Platform.
18.2 The Users are entitled to terminate this Agreement anytime by discontinuing their usage of the Platform and communicate the same in writing to us.
18.4 The rights, liabilities, or obligations under this Agreement that may have accrued to us prior to the termination or expiration of this Agreement shall not be affected by such termination or expiration and we shall be entitled to enforce such rights, liabilities, or obligations against the Users regardless of the same.
19. RESTRICTION ON USE
a) Guidelines and policies;
b) Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering and gambling;
c) Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
d) Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
e) Attempts to impersonate another person or entity;
f) Falsely states, misrepresents, or conceals your affiliation with another person or entity;
g) Interferes with, disrupts, or destroys the functionality or use of any features of the Platform or the servers or networks connected to the Platform;
h) Hacks or accesses without permission our proprietary or confidential records, records of another user;
i) Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement)
j) Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
k) Attempts to do any of the foregoing.
20. AMENDMENT AND WAVIER
20.1 We reserve the right to make such changes, amendments, modifications, to this Agreement as it may deem necessary to our discretion from time to time and our decision shall be final and binding regarding the same. The amended Agreement shall be effective and legally binding from the date it is posted and uploaded on the Platform and the same shall constitute sufficient notice to Users of the same. Users are advised to periodically review the Agreement from time to time so as to keep themselves apprised of all such changes and modifications.
20.2 No failure to exercise and no delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, circumstances except those specifically covered thereby.
In the event that any provision in this Agreement is found to be invalid or unenforceable, the offending provision shall be severed from the Agreement, and the remaining provisions shall continue to be enforceable and operate as originally written.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
The provisions which, by its nature or express terms should survive, will survive such termination or expiration of this Agreement.
24. USER DISPUTES, GRIEVANCES, AND REDRESSAL
If you have any disputes or grievances in respect of Services availed through the Platform, please write to us at firstname.lastname@example.org . We shall endeavor to resolve your disputes or grievances within 4-7 days of receiving the email.
25. GOVERNING LAW AND JURISDICTION
This Agreement and its provisions shall be construed in accordance with and governed by the laws of India and subject to the exclusive jurisdiction of the courts situated in Delhi.
26. ENTIRE AGREEMENT