Term & Conditions
This document is an electronic
record in terms of Information Technology Act, 2000 and rules there under as
applicable and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of
the Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and user agreement for
access or usage of ToYBULK.COM website Saying this business and website is owned by TOYBULK PRIVATE LIMITED.
User Agreement
Your
use of a ToYBULK website
{including ToYBULK (hereinafter
referred to as "the Website") and its related sites, services and
tools} is governed by the following terms and conditions as applicable to the
Website and the general principles for other ToYBULK Network websites of our
subsidiaries and international affiliates. This User Agreement for the Website
shall come into effect on 0000 hours India Standard Time 30th September,
2013 ("User Agreement"). If you reside in India, you are
contracting with ToYBULK technologies (A PRIVATE LIMIED ); with registered
office at NE 105, Vishnu Garden, Delhi-110018
For the purpose of the User Agreement, Registered User / Guest User and
wherever the context so require 'You' shall mean any natural or legal person
who has agreed to become a member of the Website by providing Registration Data
(as defined hereinafter) while registering on the Website as Registered User /
Guest User using the computer systems of the Website and accepted this
electronic version / electronic record of the User Agreement and has allocated
himself a unique identification user name ("User ID" and
"Password") to become Registered User or have been identified as
Guest User by providing cell number and email id..
As a new Registered User/ Guest User, this User Agreement shall be effective
and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative
action in clicking on 'check box' and on the 'continue button' as provided on
the registration page or clicking on 'Buy Now' button while transacting as
Guest User or such other actions that implies your acceptance.
If
you do not agree or are not willing to be bound by the terms and conditions of
this User Agreement, please do not click on the "check box " and/or
on the "continue" button and/or "Buy Now" button and do not
seek to obtain access to or otherwise use the Website.
When You use any of the services provided by Us through the Website, including
but not limited to, (e.g. Product Reviews), You will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this User Agreement and shall be
considered as part and parcel of this User Agreement. We reserve the right, at
Our sole discretion, to change, modify, add or remove portions of these User
Agreement, at any time without any prior written notice to You. It is Your
responsibility to review these User Agreement periodically for updates /
changes. Your continued use of the Website following the posting of changes
will mean that You accept and agree to the revisions. As long as You comply
with these Terms of Use, We grant You a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Website.
By impliedly or expressly accepting this User Agreement, You also accept and
agree to be bound by ToYBULK.COM Rules and Policies as provided from time to
time in the following hyperlinks:
1. ToYBULK Privacy Policy.
Please note: various underlined words and phrases are hyperlinked to various
rules and polices on the Website. By accepting this User Agreement, User also
agree that your use of respective country's ToYBULK.COM website by the user agreement, privacy policy
and other rules and policies posted on those websites.
1. Membership Eligibility
Use of the Website is available only to persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents etc. are not eligible to use the Website. If
you are a minor i.e. under the age of 18 years, you shall not register as a
member of the Website and shall not sell, purchase or bid for any items on the
Website. As a minor if you wish to purchase or sell an item on the Website such
purchase or sale may be made by your legal guardian or parents who have
registered as users of the Website or can use the Website as Guest User. ToYBULK reserves the right to terminate your
membership and refuse to provide you with access to the Website if it is
brought to ToYBULK notice or if it is discovered that you are
under the age of 18 years.
Business
entity registration: If you are registering as a business entity,
you represent that you are duly authorized by the business entity to accept
this User Agreement and you have the authority to bind that business entity to
this User Agreement.
Guest User:
If you
are transacting as a Guest User, you shall not be allowed to list/sell product
or services on Website and there could be certain additional restrictions on you
as a Guest User for your purchase and the other functionality of the Website
available to you.
2. Your Account and
Registration Obligations
If you use the Website as Registered User, you are responsible for
maintaining the confidentiality of your User ID and Password. If you use the
Website as a Guest User you are responsible for maintaining the confidentiality
of your email ID and cell number and for restricting access to your computer,
computer system and computer network, and you are responsible for all
activities that occur under your User ID and Password, email id and cell number
as the case may be. Also as a Guest User, you shall ensure the physical
security and possession of your cell phone. You agree, inter alia, to: 1.
Provide true, accurate, current and complete information about yourself as
prompted by ToYBULK's
and ToYBULK's registration
form or provided by You as Guest User (such information being the
"Registration Data") 2. You must not include any of your contact
details such as email addresses etc in your User ID while registering as Registered
User; and 3. Maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete or ToYBULK has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in
accordance with the User Agreement, ToYBULK has the right to indefinitely suspend or terminate
or block access of your membership with the Website and refuse to provide you
with access to the Website.
3. Electronic
Communications
When You use the Website or send emails or other data, information or
communication to ToYBULK You agree and understand that You are
communicating with ToYBULK through electronic records and You consent to
receive communications via electronic records from ToYBULK periodically and as and when required. ToYBULK will communicate with You by email or
electronic records on the ToYBULK Website which will be deemed adequate service
of notice/electronic record.
4. Fees and Services.
Membership on the Website is free. ToYBULK does not charge any fee for browsing and
buying on the Website.
4.1 Taxes:
You
are responsible for paying all fees associated with the use of the Website and
you agree to bear any and all applicable taxes, charges, cesses etc. levied
thereon.
4.2 Non payment:
ToYBULK reserves the right to issue a warning,
temporarily /indefinitely suspend or terminate your membership of the Website
and refuse to provide you with access to the Website in case of non-payment of
fees by you to ToYBULK. ToYBULK also
reserves the right to take legal action in case of non-payment of fees by you
to ToYBULK.
5. Use of the Website
5.1.
You understand and agree that ToYBULK and the
Website merely provides hosting services to its Registered Users and persons
browsing / visiting the Website. All items advertised / listed and the contents
therein are advertised and listed by Registered Users and are third party user
generated contents. ToYBULK neither
originates nor initiates the transmission nor select the sender and receiver of
the transmission nor selects nor modify the information contained in the
transmission. ToYBULK has no
control over the third party user generated contents.
5.2. You agree, undertake and confirm that your use of the Website shall be
strictly governed by the following binding principles:
1. "Your Information" is defined as any information you provide to us
or other users of the Website ("Users") in the registration (as
Registered User or as Guest User, buying or listing process, in the feedback
area or through any e-mail feature. You are solely responsible for Your
Information, and we act only as a passive conduit for your online distribution
and publication of Your Information.
2.
Your Information (or any items listed):
The bold and underlined text in the following paragraphs is inserted in
accordance with the Information Technology (Intermediaries guidelines) Rules 2011.
Please note that in accordance with the Information Technology (Intermediaries
guidelines) Rules 2011 in case of non-compliance with rules and regulations,
user agreement and privacy policy for access or usage of intermediary computer
resource, the Intermediary has the right to immediately terminate the access or
usage rights of the users to the computer resource of Intermediary and remove
non-compliant information.
You
shall not host, display, upload, modify, publish, transmit, update or share any
information or share/list(s) any information or item that:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy, hateful,
or racially, ethnically objectionable, disparaging, relating or encouraging
money laundering or gambling, or otherwise unlawful in any manner whatever; or
unlawfully threatening or unlawfully harassing including but not limited to
"indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
(c)
is patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism, bigotry,
hatred or physical harm of any kind against any group or individual;
(d)
harm minors in any way;
(e)
infringes any patent, trademark, copyright or other proprietary rights or third
party's trade secrets or rights of publicity or privacy or shall not be
fraudulent or involve the sale of counterfeit or stolen items;
(f)
involves the transmission of "junk mail", "chain letters",
or unsolicited mass mailing or "spamming";
(g)
violates any law for the time being in force;
(h)
deceives or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
(i)
impersonate another person;
(j)
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer resource; or
contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other
computer programming routines that may damage, detrimentally interfere with,
diminish value of, surreptitiously intercept or expropriate any system, data or
personal information;
(k)
threatens the unity, integrity, defense, security or sovereignty of India,
friendly relations with foreign states, or or public order or causes incitement
to the commission of any cognisable offence or prevents investigation of any
offence or is insulting any other nation.
(l).
shall not be false, inaccurate or misleading;
(m)
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to
trade in any item, the dealing of which is prohibited or restricted in any
manner under the provisions of any applicable law, rule, regulation or
guideline for the time being in force.
(n)
shall not create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and
(o)
shall not link directly or indirectly to or include descriptions of items,
goods or services that: are prohibited under the User
Agreement or any other applicable law for the time being in force including but
not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies
(Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860,
Information Technology Act 2000 as amended time to time and rules there under;
are identical to other items you have up for auction but are priced lower than
your item's price, the reserve price of the item or minimum bid amount; are
concurrently listed for sale on a web site other than the Website;
3. Solely to enable ToYBULK to use the information you supply us with, so
that we are not violating any rights you might have in Your Information, you
agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights (but no other rights) you have in
Your Information, in any media now known or not currently known, with respect
to Your Information. ToYBULK will only use Your Information in accordance
with the User Agreement ToYBULK's Privacy Policy.
4. You represent and confirm that you shall be the sole and exclusive legal
owner of all items, goods or products of any description that you wish to offer
for sale on the Website. You shall have absolute right, title and authority to
deal in and offer for sale such items, goods or products.
5. In the event that any transaction or attempted transaction relating to any
item, good or service which is in violation of this User Agreement or
applicable law comes to your knowledge, you shall take all steps to inform ToYBULK of the same at contact@ToYBULK.
6. 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 bidding on, listing,
purchase, solicitation of offers to purchase, and sale of items 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. In particular you shall ensure
that if any of your items listed on the Website qualifies as an
"Antiquity" or "Art treasure" as defined in the Act
("Artwork"), you shall indicate that such Artwork is
"non-exportable" and sold subject to the provisions of the Arts and
Antiquities Act, and shall ensure that it is not delivered to buyer (as defined
under the Buying section) at any place outside India.
6A . You shall not, either alone or in conjunction with other Users, manipulate
or attempt to manipulate the prices of any item or services being sold or
purchased on the Website
7. From time to time, you shall be responsible for providing information
relating to the items 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 items or
services so as to mislead other Users in any manner.
8. It is possible that other users (including unauthorized users or
"hackers") may post or transmit offensive or obscene materials on the
Website 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 Website, and that the recipient may use such information
to harass or injure You. We does not approve of such unauthorized uses, but by
using the Website 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 Website. Please carefully select the type of information that You
publicly disclose or share with others on the Website.
6. Platform for
Communication
The
Website is only a venue where Users may meet and interact with one another for
their transactions. ToYBULK is not and cannot be a party to or control in any manner any
transaction between two Users of the Website. Consequently:
1. All commercial / contractual terms are offered by and agreed to between
buyers and sellers alone. The commercial / contractual terms include without
limitation price, shipping costs, payment methods, payment terms, date, period
and mode of delivery, warranties related to goods and services and after sales
services related to goods and services. ShopClues.com does not have any control
or determines or advises or in any way involves itself in the offering or
acceptance of such commercial / contractual terms between buyers and sellers.
2. ToYBULK is not responsible for any non-performance or
breach of any contract entered into between Users (includes Registered User or
Guest User). ToYBULK cannot and does not guarantee that the
concerned Users will perform any transaction concluded on the Website. ToYBULK shall not and is not required to mediate or
resolve any dispute or disagreement between Users.
3. ToYBULK does not make any representation or Warranty
as to the attributes (such as quality, worth, marketability, etc.) of the items
or services proposed to be sold or offered to be sold or purchased on the
Website. In particular, ToYBULK does not implicitly or explicitly support or
endorse the sale or purchase of any items or services on the Website. ToYBULK accepts no liability for any errors or
omissions, whether on behalf of itself or third parties.
4. ToYBULK does not make any representation or warranty as
to the attributes (such as legal title, creditworthiness, identity, etc.) of
any of its Users. You are advised to independently verify the bona fides of any
particular User that you choose to deal with on the Website and use your best
judgment in that behalf.
5. The Website is only a venue through which Users can reach a larger base to
buy and sell items or services. At no time shall any right, title or interest
over the items vest with ToYBULK nor shall ToYBULK have any obligations or liabilities in respect
of such contract.
6. You shall independently agree upon the manner and terms and conditions of
delivery, payment, insurance etc. with the other Users that you transact with.
7. You release and indemnify ToYBULK and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any of the actions of
the Users of the Website and specifically waive any claims that you may have in
this behalf under any applicable law. Notwithstanding its reasonable efforts in
that behalf, ToYBULK cannot control the information provided by
other Users which is made available on the Website. You may find other User's
information to be offensive, harmful, inaccurate, or deceptive. Please use
caution and practice safe trading when using the Website. Please note that
there may be risks in dealing with foreign nationals, underage persons or
people acting under false pretense.
Disclaimer: Pricing
on any product(s) as is reflected on the Website may due to some technical
issue, typographical error or product information published by seller may be
incorrectly reflected and in such an event seller may cancel such your order(s).
7. Privacy
We do not sell or rent your personal information to
third parties for their marketing purposes without your explicit consent and we
only use your information as described in the Privacy Policy. We view
protection of users' privacy as a very important community principle. We
understand clearly that you and Your Personal Information is one of our most
important assets. We store and process Your Information on computers located in
the United States and Asia Pacific at some of the best data centers in the
world that are protected by physical as well as reasonable technological
security measures and procedures in accordance with Information Technology Act
2000 and rules there under. Our current Privacy Policy is available at ToYBULK/privacy-policy. If you object to your Information being transferred
or used in this way please do not use the Website.
7A. Your Consent:
By using the Site and/ or by providing your information, you consent to the collection
and use of the information you disclose on the Site by ToYBULK in accordance with ToYBULK Privacy Policy.
8. Payments
Payments for items on the Website can be made through the electronic or
through Cash on delivery transactions, as may be permitted by ToYBULK to the website seller(s) in its sole
discretion.
9. Breach
Without limiting other remedies, ToYBULK PRIVATE LIMIED may limit your activity, immediately remove
your information or end your listing, warn other Users of your actions,
immediately temporarily/indefinitely suspend or terminate or block your
membership, and/or refuse to provide you with access to the Website in the
event, but not limited to: 1. If you breach the User Agreement or Privacy Policy or the documents, agreements rules, policies,
terms and conditions these incorporated herein by reference incorporated herein
by reference;
2. If ToYBULK.COM is unable to
verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other
Users or ToYBULK. ToYBULK may at any time at its sole discretion
reinstate suspended Users. A User that has been suspended or blocked may not
register or attempt to register with ToYBULK or use the Website in any manner
whatsoever until such time that such User is reinstated by ToYBULK.
Notwithstanding the foregoing, if you breach the User Agreement or the
documents it incorporates by reference, ToYBULK reserves
the right to recover any amounts due and owing by you to ToYBULK and to
take strict legal action including but not limited to a referral to the
appropriate police or other authorities for initiating criminal or other
proceedings against you.
10. Buying
All purchases on the Website are a firm commitment to purchase.
By purchasing on an item you agree to be bound by the conditions of sale included
in the item's description (or linked to from the description) so long as those
conditions of sale are not in violation of the User Agreement or unlawful. In
case of consumer goods, sellers on the Website may or may not specify the
retail prices of the items being sold. You are advised to independently verify
the retail prices of such items if you so desire.
ToYBULK strongly advises you not to test the site with
false purchases, as it will put you at substantial personal legal risk. It is
an offence to use a false name, other false personal information or a known
invalid/ unauthorized credit/ debit/ cash card and such other infrastructure
directly through Bank or financial institution infrastructure or indirectly
through Payment Aggregator. Willfully entering erroneous or fictitious bids may
result in prosecution by ToYBULK.
Please be aware that even if you do not give ToYBULK your real name, your Web browser transmits a
unique address to us, which can be used by law enforcement officials to
identify you. If you are a registered buyer on the Website we encourage you to
post feedback on the seller after the transaction is closed.
In case of purchase of an Artwork which is marked as "non-exportable"
on the Website or it is illegal to export the same and you agree that the
Artwork shall not be exported out of India or otherwise dealt in any such
manner which shall be in contravention of any law for the time being in force
or any rules, regulations, notifications and orders passed there under.
11. Buyer Protection at ToYBULK:
All the products selling at ToYBULK are well screened by our team before they are
brought on board. We assure you that all the products you buy from our website,
regardless of the merchant are genuine, authentic, products being sold by well
reputed and honorable merchants at the best prices possible. Of course, we also
offer all the warranties, guarantees as entailed by the product, all this at a
great price and with the best customer service in the industry.
At ToYBULK, we believe that
customer satisfaction is key- therefore we stand behind all merchandise bought
at our site. We will replace any order within 7 days of delivery, with free
return shipping if you receive a product which is not as per the specifications
ordered by you, - (i) wrong size, (ii) wrong color, (iii) defective or
(iv)significantly different from the description given by the merchant. However
do make sure that the merchandise has not been used/worn or altered and is
accompanied by its original price tag and packing slip. Please contact our
customer support, so we can help facilitate your return.
11.1 If ToYBULK has suspicion or knowledge, that any of its
members are involved in any activity that is intended to provide claims or
information that is false, misleading or not genuine, then ToYBULK may while reserving its rights to
initiate civil and/or criminal proceedings against member may also at its sole
discretion suspend, block, restrict, cancel the user id of Registered User and
such necessary action against Guest User of such member and/or disqualify that
member and any related members from availing protection through this program.
11.2 ToYBULK reserves
its right to initiate civil and/or criminal proceedings against a user who,
files a invalid and/or false claims or provides false, incomplete, or
misleading information. In addition to the legal proceedings as aforesaid, ToYBULK may at its sole discretion suspend, block,
restrict, cancel the user id [and its related user ids] of such user and/or
disqualify that member and any related members from availing protection through
this program.
11.3 Any person who, knowingly and with intent to injure, defrauds or deceives,
files a Fraudulent Complaint containing false, incomplete, or misleading
information may be guilty of a criminal offence and will be prosecuted to the
fullest extent of the law.
12. Payments
ToYBULK uses third party payment providers to
receive payments from buyers. ToYBULK is not responsible for delays or erroneous
transaction execution or cancellation of orders due to payment issues. ToYBULK takes utmost care to work with 3rd party
payment providers, but does not control their systems, processes, technology
and work flows, hence can not be held responsible for any fault at the end of
payment providers. Further, ToYBULK does not release the payment to
Sellers until the order has been received by Buyers and they are satisfied with
it.
13. Feedback
We encourage Registered buyers on the Website to provide feedback to seller
after the transaction has closed, this helps all Users to know what it is like
to deal with the said merchant. After you conduct a transaction, if applicable,
we encourage you to leave feedback for the buyer or seller that you dealt with.
Please remember that you cannot retract the feedback once you have left it.
Your feedback will be displayed along with your user ID. ToYBULK will not be responsible for the feedback that
you post on the Website and you should be careful about making comments that
are not factual in nature and should not post defamatory or illegal or
offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback
system. If you continue to receive negative feedback ratings, ToYBULK reserves the right to suspend your membership,
and you will be unable to list, buy or bid on the Website.
Export -
You acknowledge that your feedback consists of comments left by other Users and
a composite feedback number compiled by ToYBULK, and that the composite number without the comments
does not convey your full user profile. As feedback ratings are not designed
for any purpose other than for facilitating trading between the Users, you
agree that you shall not market or export your Website feedback rating in any
venue other than on the Website.
Import -
We do not provide the technical ability to allow you to import feedback from
other websites to ToYBULK because a composite number, without the
corresponding feedback does not reflect your true online reputation within our
community.
14. No Warranty
ToYBULK and its suppliers, affiliates and service
provider provide the Website and services "as is" and without any
Warranty or condition, express, implied or statutory and specifically disclaim
any implied Warranties of title, merchantability, fitness for a particular
purpose and non-infringement. You expressly agree that your use of the Website
is at your risk.
15. Limitation of Liability
In no event shall ToYBULK or its suppliers, affiliates and service
providers be liable for any direct, indirect, incidental, special, incidental,
consequential or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses arising out of
or in connection with the Website, its services or this agreement (however
arising, including negligence).
ToYBULK's liability in any circumstance is limited to the
amount of fees, if any, paid by you to ToYBULK. ToYBULK, its associates,
affiliates and service providers and technology partners make no
representations or Warranties about the accuracy, reliability, completeness,
and/or timeliness of any content, information, software, text, graphics, links
or communications provided on or through the use of the Website or that the
operation of the Website will be error free and/or uninterrupted. Consequently, ToYBULK assumes no
liability whatsoever for any monetary or other damage suffered by you on
account of:
1. The delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Website;
2. Any interruption or errors in the operation of the Website. You expressly
understand and agree that shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if ToYBULK has been advised of the possibility
of such damages).
16. Indemnity
You shall indemnify and hold harmless ToYBULK and (as
applicable) ToYBULK's parent, subsidiaries, affiliates, third-parties
and their respective officers, directors, agents, and employees, from any claim
or demand, or actions including reasonable attorneys' fees, made by any third
party or penalty imposed due to or arising out of your breach of the User
Agreement, ToYBULK Rules and Policies, or the documents they
incorporates by reference, or your violation of any law, rules or regulations
or the rights of a third party.
17. General
None of the provisions of the User Agreement shall be deemed to constitute
a partnership or agency between you and ToYBULK and you shall have no authority to bind ToYBULK in any
manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal
mail on behalf of ToYBULK.COM to InfoSoft Technologies at NE 105
Vishnu Garden Delhi-110018 (in the case of ToYBULK) or to the email address you provide to us during
the registration process (in your case). Notice shall be deemed given 24 hours
after email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to us
during the registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any
reason unenforceable, such clause shall be deemed severable and shall not
affect the validity and enforceability of the remaining clauses of the User
Agreement.
This Agreement sets forth the entire understanding and agreement between You
and ToYBULK PRIVATE LIMIED with respect to the subject matter hereof.
18. Governing Law
The User Agreement or the documents they incorporates by reference shall be
governed and construed in accordance with the laws of India.
This
document is an electronic record in terms of Information Technology Act, 2000
and the amended provisions pertaining to electronic records in various statutes
as amended by the Information Technology Act, 2000. This electronic record is
generated by a computer system and does not require any physical or digital
signatures.
We as a merchant shall be under no liability whatsoever in respect of any loss
or damage arising directly or indirectly out of the decline of authorization
for any Transaction, on Account of the Cardholder having exceeded the preset
limit mutually agreed by us with our acquiring bank from time to time.
