Before using or accessing the
(defined hereinafter). The agreement between the Users of this Platform and
(the "Terms & Conditions"), and any other policies that may be announced,
displayed, or published on the Platform (collectively "Agreement").
Users agree to be governed by these Policies as posted on the Platform from time
to time by using the Platform.
To fully understand the Company's policies and practices involving personal information, we strongly advise you to read this policy. You expressly agree to be bound by the terms and conditions of this privacy statement by accessing or using the Company's Services or Platform, creating an account with the Company, signing up to be a supplier, reseller, or customer on the Platform, or by making an attempt to do so, and by permitting the Company to collect, use, disclose, and retain your personal information as set forth in this policy.
Application of our policy
Only information that the Company obtains through its Services, including email, text messages, and other electronic communications sent through or in connection with those Services, is covered by this policy.
The information you give to, or that is collected by, any third party that you use in connection with its Services is not covered by this Policy. The Company advises you to inquire about these third parties' privacy policies directly with them.
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. Should you wish to order products for business purposes, please create a business account on TooFav.com. TooFav.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
Please review our Privacy Notice, which also governs your visit to TooFav.com, to understand our practices. The personal information / data provided to us by you during the course of usage of TooFav.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
3. E-commerce platform for communication purpose
You agree, understand, and accept that the website is an online store where you can buy the items mentioned at the specified price whenever you want from wherever you are. Additionally, you accept and recognise that TooFav is merely acting as a facilitator and is not and cannot participate in or exert any kind of control over any transactions made on the website. As a result, the contract for the sale of the goods on the website shall be a solely bilateral agreement between you and the TooFav.com merchants.
4. Access to TooFav
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. License for accessing the TooFav website
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, TooFav Seller Services Private Limited grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TooFav Seller Services Private Limited and / or its affiliates, as may be applicable. 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 seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of TooFav Seller Services Private Limited and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TooFav.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing TooFav Seller Services Private Limited's or its affiliates' names or trademarks without the express written consent of TooFav Seller Services Private Limited and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by TooFav Seller Services Private Limited and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of TooFav.com as long as the link does not portray TooFav Seller Services Private Limited, TooFav.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TooFav.com logo or other proprietary graphic or trademark as part of the link without express written consent of TooFav Seller Services Private Limited and / or its affiliates, as may be applicable.
6. Your conduct
You must not use the website in any way that interrupts, damages, or impairs in any way the website or access to it, or is likely to do so. You are aware that all electronic communications and material transferred from your computer to us are the exclusive responsibility of you and not TooFav.com, and that only legal uses of the website are permitted. The following activities are not permitted on the website:
Ø For fraudulent purposes, or in connection with a criminal offense or other unlawful activity
Ø To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam; or is patently false and untrue.
Ø To cause annoyance, inconvenience or needless anxiety
7. Term and termination
The period of this Agreement will begin on the date that you successfully register to use one or more of the Services and will last until terminated by either you or us in accordance with the provisions below. You are always free to stop using any Service at any time by giving us notice via Seller Central, email, the Contact Us Form, or another comparable channel. With 30 days' notice, we reserve the right to end your usage of any Services or end this Agreement for our convenience. Additionally, we may terminate your use for any service time and immediately if we detect that is material breaching from your end and a failure in doing the needful within 7 days. We will take care from our part if there are any sorts of breach that exposes us to liability towards any third party. The conditions hereby will be:
a. Your use of the Services has damaged or our controls have detected that it might affect other sellers, customers, or TooFav’s legitimate interests.
b. Your account has been, or our controls have detected that it might be used for misleading, fraudulent, or criminal activities. With the exception of situations where we have reason to believe that disclosing this information will obstruct the investigation or prevention of dishonest, fraudulent, or unlawful activity, or will give you the opportunity to get around our security measures, we will promptly notify you of any such termination or suspension via email or similar means, including Seller Central, and include the reason for it as well as any options for appealing. All relevant rights and duties under this Agreement automatically expire upon termination of this Agreement.
c. You will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination, and the other sections of General Terms survive.
8. Indemnification or compensation
You release us from, and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, agents, and Affiliates) against, any third party claim, loss, damage, settlement, cost, taxes, expense, or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to (a) your actual or alleged breach of any representations you have made; (b) any sales channels owned or operated by you, Your Products including the offer, sale, fulfilment (except to the extent attributable to the Fulfilment by TooFav Service, if any), refund, cancellation, adjustments, or return thereof), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by TooFav), or property damage related thereto; or (c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) your non-compliance with applicable laws.
TooFav's obligations with regard to insurance: TooFav will protect you and your officers, directors, employees, and agents from any third-party Claims resulting from or connected to: (a) TooFav's violation of applicable laws; or (b) claims that the use of a TooFav Site infringes or misappropriates that third party's intellectual property rights. (c) Your Taxes and Duties; (d) Your Non-Compliance with Applicable Laws; (e) The Collection, Payment, or Failure to Collect or Pay Your Taxes or Duties; (f) The Failure to Meet Tax Registration Obligations or Duties.
9. Stating reviews, comments, and other necessary contents
If you do post content or submit material, and unless we indicate otherwise, you
(a) Grant TooFav Seller Services Private Limited and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) TooFav Seller Services Private Limited and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to TooFav Seller Services Private Limited, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to TooFav.com.
(i) The content and material is accurate
(ii) Use of the content and material you supply does not breach any applicable TooFav.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory)
(iii) The content is lawful. You agree to indemnify TooFav Seller Services Private Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
If the Sales Proceeds from Your Transactions through the Fulfilment by TooFav.com Service in connection with the TooFav.com Site exceed the Insurance Threshold during each month over any period of three (3) consecutive months, or otherwise if requested by us, then within thirty (30) calendar days thereafter, you will maintain at your expense throughout the remainder of the Term public third party liability insurance in connection with the TooFav.com Site with at least the Insurance Limits per occurrence/aggregate covering liabilities caused by or occurring
in conjunction with the operation of your business in connection with the TooFav Site, including products liability and bodily injury, naming TooFav and its assignees as additional insurance. At our request, you will provide to us certificates of insurance for the coverage to the following address: DN-51, Merline Infinite, Sector V, Bidhannagar, Kolkata, WB 700091.
Your use of Services is subject to TooFav’s Tax Policies. You will comply with any applicable tax laws and fulfil all obligations to the tax authorities in a timely and complete manner. As between the parties, you will be responsible for the collection and payment of any of Your Taxes together with the filing of all relevant returns, such as service tax, VAT / CST, goods and services tax, or other transaction taxes, and issuing valid invoices/ credit notes/ debit notes where required. TooFav is not responsible for collecting, remitting, or reporting any service tax, VAT / CST, goods and services tax, or other taxes arising from such sale.
You are solely responsible for preparing, making, and filing any tax audit report and statutory reports and other filings and responding to any tax or financial audits. Unless stated otherwise, any and all fees payable by you according to this Agreement are exclusive of all value-added, service, sales, use, goods and services tax, and other similar taxes, and you will pay any taxes that are imposed and payable on such amounts. If we are required by law or by administration thereof to collect any value added, service, sales, use, goods and services tax, or similar taxes from you, you will pay such taxes to us. You will provide all necessary information including goods and services tax registered address, registration numbers, and invoice mismatch details promptly, to enable us to provide, report, or correct goods and services tax invoices. Based on the information provided, TooFav will deduce the location of the recipient, the billing details, the place of supply, and applicable taxes.
If for any reason, any income tax or withholding tax or tax collection at source or such other taxes under applicable Law is determined to be deducted and deposited on any payments or remittances to you, TooFav will have the right to deduct and deposit any such applicable taxes with the appropriate regulatory authority. No claim in respect of the taxes deposited would be made by you against TooFav.
It is your responsibility as a seller on the TooFav Site to choose the most applicable product tax codes and assign Harmonised System of Nomenclature / Service accounting Code applicable for your listing, such that the correct tax rate is applied on all listings offered for sale by you. If we determine that you are not in compliance with this section, then we may suspend the services provided to you on the TooFav Site.
For transactions, shipping and handling facilities undertaken by you on the TooFav Site, you should consider the Seller Agreement made available to you on Seller Central. In case of any discrepancy in the reporting/returns filed by you and TooFav, you agree that you will resolve such discrepancy immediately and indemnify TooFav against any tax, interest, and penalty payable in this regard.
1. Some of our Services may be used without revealing any personal information, and for other Services, personal information is required. We may also collect ‘Non-Personal Information’ (i.e., information that cannot be used to identify you). Non-Personal Information includes information like the web pages that you have viewed. In order to access certain features and benefits on our Services, you may need to submit ‘Personally Identifiable Information’ i.e., information that can be used to identify you (as described below). Inaccurate information may affect your ability to use the Services, the information you receive when using the Services, and our ability to contact you. For example, your email address and contact number should be kept valid because these may be the primary channels through which we communicate with you. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to the Company.
1.1. The Company collects several types of information from and about users of our Services, including: (i) Your Personal Information- Personal Information is the information that can be associated with a specific person and could be used to identify that specific person whether from that data, or from the data and other information that we have, or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise. Personally Identifiable Information can include, but not be limited to, information such as your name, email address, contact number (cellular and landline), educational qualification(s), occupation, date of birth, marital status, monthly income, city and state of residence, marital status, number of children, employer details, Aadhaar number, PAN, social security and tax identification numbers, and post-qualification or work experience among other things; and/or (ii) Information about your internet connection, the equipment you use to access our Services and your usage details.
1.2. We may collect this information either (i) directly from you when you provide it to us; (ii) automatically as you navigate through our Services (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies); and/or (iii) from any other source of information including from other third party sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily.
Ø Information about your account: Your full name, email address, zip code, password, and any other details you may have provided when creating your account, such your gender, cell phone number, and website. If you have one, it will be included in your account profile and made public. You can voluntarily give us this information by logging in using Facebook and Google Plus, among other third-party sign-in sites. In these situations, we retrieve and keep any information that you make available to us via these sign-in services.
Ø Your preference: It includes language and time zone.
Ø Your content: Your reviews, photos, comments, lists, followers, users you follow, ordering history, favourite categories, special requests, contact information for people you add to or notify of orders through our Services, names, and other information you provide on our Services, as well as other information in your account profile are all examples of information you provide through our Services.
Ø Your searches and other activities: The search terms you have looked up and results you selected.
Ø Your browsing information: How long you used our Services and which features you used; the ads you clicked on.
Ø Your communications: Communications between you and other users or suppliers through our Services; your participation in a survey, poll, sweepstakes, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other products); your communication with us about employment opportunities posted to the services.
Ø The transactional information: If you use our services, we may gather and retain information about you, including but not limited to your phone number, address, email, billing information, credit or payment card information, in order to fulfil your requests and pre-fill forms for further transactions. This information might be disclosed to third parties, such as processors of PCI compliant payment gateways, who help with handling and completing your requests. We may publicly display information about your transactions with businesses if you post reviews about companies you do business with through our Services.
We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services, and about your use of the Services, even if you use the Services without registering or logging in.
Ø Usage information: Details of your use of our Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through our Services.
Ø Computer and device information: Information about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device's unique device identifier, mobile network information and the device's telephone number.
Ø Stored information and files: Our Services also may access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
Ø Location information: Our applications collect real-time information about the location of your device, as permitted by you.
Ø Last URL visited: The URL of the last web page you visited before visiting our websites.
Ø Mobile device IDs: Unique mobile device identifier (e.g. IDFA, GAID or other device IDs on Apple devices like the iPhone and iPad), if you're using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our applications, track the number of advertisements displayed, and measure advertising performance and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our applications.
We strive to provide you with choices regarding the personal information you provide to us.
We ensure to maintain reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorised access to your information and to maintain data security. These safeguards take into account the sensitivity of the information that we collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. The access to the Services is offered through the use of a secure server and adheres to our security guidelines to protect it against unauthorised access. However, by using the Services, the users accept the inherent security implications of data transmission over the internet and the World Wide Web which cannot always be guaranteed as completely secure, and therefore, there would always remain certain inherent risks regarding use of the Services.
We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorised third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your account with anyone. If we receive instructions using your user name and password, we will consider that you have authorised the instructions for such use.
Except as permitted by applicable local legislation, users under the age of 18 (eighteen) are not entitled to use the Services (Permissible Age). Only those who can establish a legally binding contract under the Indian Contract Act, 1872 are permitted to use our services, and we never intentionally market to or collect information from anybody under the age of 18.
You shall use the Services under the supervision of your parent or legal guardian if you are under the age of 18. We shall promptly deactivate the account and any associated information if we learn that a person providing personal information is under the age of 18.