Terms Of Services

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The Terms of Service (as defined hereinafter) is executed between you and us i.e. Tools Depot India LLP (hereinafter referred to as “TDI“) and governs the sale of the Products (as defined hereinafter) and usage of our Platform, and/ or Applications (both, as defined hereinafter) and any features and technologies we offer.

These terms and conditions of use (“Terms of Service“) is a binding agreement between you and TDI and its affiliates and subsidiaries. By purchasing, accessing, using and/or registering for our Products, Services, Platform, and/or Applications, you understand and agree to be bound by these Terms of Service, the policy governing how we collect, use and protect your data (the “Privacy Policy“), as is more particularly set forth on the Platform and/or Application and other related documents and any modifications or amendments made thereto by TDI from time to time, at its sole discretion. If you do not agree to these Terms of Service and Privacy Policy, you are not authorized to purchase, browse, access, or use our Products, Services, Platform and/or Application.

By accepting these Terms of Service, you’re present that you have the capacity to enter into or, if you are acting on behalf of an entity, that you have the authority to bind such entity to a legally binding contract, and you agree that these Terms of Service legally bind you or the entity on behalf of which you purport to act, in the same manner as a signed, written, paper contract. These Terms of Service constitute an electronic record within the meaning of the Applicable Law (as defined here in after). This electronic record is generated by a computer system and does not require any physical or digital signatures. Purchasing, accessing, browsing and/or using the Product, Services, Platform, and/or Application and/or using any of the information provided therein shall be deemed to signify the User’s (as defined here in after) unequivocal acceptance of these Terms of Service. The User expressly acknowledges and agrees to be bound by the Terms of Service, regardless of however the User or anyone on the User’s behalf has purchased, accessed, installed, downloaded or used the Products, Services, Platform and/or Application and whether or not the User has registered on the Platform and/or Application.

BY PURCHASING, BROWSING, RAISING ANY ENQUIRY/REQUEST FOR QUOTATION (“RFQ”),DOWNLOADING/INSTALLING, ACCESSING, COPYING OR USING THE PRODUCTS, PLATFORM, APPLICATION AND/OR OUR SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE, OR THE REQUIRED LEGAL AGE IN YOUR JURISDICTION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMSOF SERVICE, DO NOT DOWNLOAD, INSTALL OR USE THE PLATFORM, APPLICATION OR OUR SERVICES AND DELETE THE APPLICATIONFROM YOUR DEVICE.

Definitions

“After-Sale Services” shall mean any additional services provided by TDI after the sale of the Product to the Customer and at the express request of the Customer.

“Applicable Laws” shall mean any and all: (i) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (ii) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.

“Application” “, singular or plural, refers to any of html-based / internet-based computer programs, smart phone, tablet or personal computer applications and all other software programs made available to Users by us.

“Confidential Information” shall have the meaning ascribed to it in Clause 16 of these Terms of Service.

“Dispute” shall have the meaning given to it in Clause 15.3.

“Content” means all information that is created, uploaded, posted and stored on the Platform and/or Application such as text, photos, audio, video, or other materials and information, including the reviews and includes any other information made available by TDI on or through the Platform or Application including proprietary TDI content and any content licensed or authorized for use by or through TDI from a third party.

“Customer” means any User who has purchased any of the Products and Services available on the Platform and/or Application.

“Data Protection Law” means any data protection, data security or privacy law, including, without limitation, the Indian Information Technology Act, 2000, and any laws governing Personal Data (as defined hereinafter), Sensitive Personal Data (as defined hereinafter) or information from outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws.

“Designated Bank Account” shall mean and refer to the bank account of TDI, the details of which are more particularly contained in Annexure A (Designated Bank Account).

“TDI Account” shall have the meaning ascribed to it in Clause 3 of these Terms of Service.

“Governmental Authority” means any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.

“Intellectual Property” or “IP” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.

“Intellectual Property Rights” or “IP Rights” include: (i) all rights, title, and interest under any statute or under applicable law including patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (v) all extensions and renewals thereof; and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.

“Losses” shall mean all direct losses, damages, liabilities, costs (including legal fees), expenses, charges, interest, penalty, claims, arbitration, proceedings, suits and all sums paid in relation to any compromise or settlement of any claim, arbitration, suit or proceeding.

“Misuse” or “Abuse” means content that is inconsistent with the spirit of the Terms of Service, even if it is something that is not expressly or impliedly forbidden by the letter of these Terms of Service. In other words, if you do something that is not prohibited here verbatim but is not expressly allowed or provided for by the Terms of Service, TDI is wholly entitled to use its discretion to remove the said content from the Platform and from all other appropriate places.

“Services” means the Products and services we offer on our Platform such as sale of the Products, ancillary services related to the Products, delivery of the Products or any other products and services made available by TDI to the User.

“Party” refers individually to each of you and TDI.

“Parties” refer to both you and TDI jointly.

“Personal Data” ” means any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes “personal data” under the GDPR or similar terms under other Data Protection Law. For the avoidance of doubt, Personal Data includes (without limitation) Personal Identification Information.

“Personal Identification Information” means your name, address, identification number, phone number, and includes any other information by which you may be personally identified.

“Platform” means [insert name of website] (or any successor site) and its related sub-domains, sites, mobile applications and tools or such website or any other mobile Application powered by TDI to offer and provide the Products and Services, but does not include any website or mobile application owned or operated by a third party that may be accessed from any page on [insert name of website] or mobile application powered by TDI.

“Platform” means [insert name of website] (or any successor site) and its related sub-domains, sites, mobile applications and tools or such website or any other mobile Application powered by TDI to offer and provide the Products and Services, but does not include any website or mobile application owned or operated by a third party that may be accessed from any page on [insert name of website] or mobile application powered by TDI.

“Products” means the products offered by TDI for sale on the Platform and otherwise including but not limited to tools and all related accessories and spares such as drilling machines, angle grinders, rotary hammers, drill drivers, impact drivers, impact wrenches, demolishing tools, fastening tools, grinding machines, polishing sanding tools, sawing tools, cutting tools, planning/routing tools, multi cutters, etc. and all related accessories and spares along with facilities management equipment such as safety equipment, office supplies, safety equipment, office supplies, site maintenance equipment, traffic management equipment, soaps, cleaners, polishes, coatings related to automobile, equipment maintenance and facilities maintenance along with necessary accessories such as cloths, brushes, spray bottles, pipes and more of such for domestic, household, educational, commercial, industrial, government or public use or services required in connection with or in relation to any of the foregoing business.

“Purchase Order” ” shall mean the purchase order placed by the Customer for the purchase of Products and containing particulars of the sale of the Product including delivery time, payment terms, etc.

“Quotation” shall mean the quotation issued by TDI in response to the request for quotation by the Customer and may contain particulars of the sale of the Product including delivery time, payment terms, etc.

“Sensitive Personal Data or Information” with respect to a person means such personal information which consists of information relating to:

  • password;
  • financial information such as bank account or credit card or debit card or other payment instrument details;
  • physical, physiological and mental health condition;
  • sexual orientation;
  • medical records and history;
  • biometric information;
  • any detail relating to the above clauses as provided to body corporate for providing service; and
  • any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

“Services” means the Products and services we offer on our Platform such as sale of the Products, ancillary services related to the Products, delivery of the Products or any other products and services made available by TDI to the User.

“Spare Parts” shall mean any additional parts for the Products to be supplied by TDI to the Customer, at the request of the Customer, in the event the original part is lost and/or damaged beyond repair.

“User” capitalised or otherwise, means the person who accesses and/or uses the Platform and Application and if authorised and applicable, the entity on whose behalf any person accesses and/or uses the Platform and Application. It is clarified that the term User shall include all Customers.

“User Content” means any content such as text, photos, audio, video, or other materials and information, created, uploaded, posted, sent, received and stored on or through the Platform and/or Application by the User.

“We” capitalized or otherwise, refers to TDI and related phrases “us” and “our” should be understood accordingly.

“You” capitalised or otherwise, means the User. “Your” capitalised or otherwise, has a corresponding meaning.

1. ELIGIBILITY

  • By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by browsing, accessing or making any use of the Platform and/or Application you (i) accept the Terms of Service and agree to be bound by each of its terms, and (ii) represent and warrant to TDI that: (a) these Terms of Service are binding and enforceable against you; (b) to the extent an individual is accepting these Terms of Service on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and (c) you have read and understand our TDI Policies, the terms of which are incorporated herein by reference, and agree to abide by the TDI Policies. These Terms of Service are made between you and us and shall come into effect on the date which you access the Platform and/or Application and/or download the Application and/or your TDI Account is created whichever is earlier, and shall continue unless and until terminated by us or you.
  • In the event that the User or anyone acting on the User’s behalf does not wish to be bound by the Terms of Service, the User (or the legal person/entity acting on the User’s behalf) unequivocally agrees to refrain from accessing, using or retaining the Services and/or Platform and/or Applications on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User’s behalf, whether expressly or impliedly that is in contravention of the Terms of Service will render the User liable for legal and punitive action.
  • While individuals under the age of 18 (eighteen) may utilize/browse the Platform and/or Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent /legal guardian’s registered account. TDI reserves the right to terminate your access and refuse to provide you with access to the Platform and/or Application if TDI discovers that you are under the age of 18 (eighteen) years or the required legal age in your jurisdiction. You further represent and warrant that you are not under any legal or other deficiency which prevents/may prevent you from: (i) entering into a valid contract under the Applicable Laws; and (ii) making valid payment to TDI for Services ordered by you.
  • You are responsible for, and agree to comply with, all laws, rules, and regulations applicable to your use of the Platform, Application and Services, any transaction you enter into on the Platform and/or Application, or in connection with your use of the Platform and/or Application.

2. ACCEPTANCE OF TERMS

  • These Terms of Service form an electronic contract that establishes legally binding terms that the User must accept to use the Services provided by TDI through the Platform, and/or Application. These Terms of Service include by reference other terms disclosed and agreed to by the User in the event the User registers for, purchases, or accepts additional features, products or services in addition to the Products and Services, including but not limited to terms governing features, billing, discounts, promotions, etc.
  • The User agrees and acknowledges that these Terms of Service shall also be applicable to any purchase of Products or Services offline or online by the User pursuant to the User raising a request for quotation (RFQ)/enquiry on the Platform.
  • The User agrees and acknowledges that it shall equally be bound by the terms and conditions of any Purchase Order and Quotation issued with respect to any Products and Services, in addition to these Terms of Service.

3. ACCOUNT REGISTRATION

  • The User has an option to register and create an account (“TDI Account”) on the Platform to be able to access certain features. You will at all times be responsible for maintaining the confidentiality of the TDI Account information, its password and are fully responsible for all activities that occur under your TDI Account. You agree to (i) immediately notify TDI of any unauthorized use of the TDI Account information or any other breach of security; and (ii) ensure that you exit/log out from the account at the end of each session. TDI cannot and shall not be liable for any loss or damage arising from your failure to comply with this Clause. You may be held liable for losses incurred by TDI or any other customer or visitor to the TDI Platform and/or Application due to authorized or unauthorized use of your TDI Account as a result of your failure in keeping your TDI Account information secure and confidential.
  • The Platform uses cookies to distinguish you from other Users of the Platform. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer and of your other device if you agree. Cookies contain information that is transferred to your computer’s hard-drive. Cookies help us to provide you with a good experience when you browse the Platform and also allows us to improve the Platform. By continuing to browse the Platform, you are agreeing to our use of cookies. Usage of a cookie is in no way linked to any personally identifiable information on our Platform.
  • You may also register a TDI Account through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”). You have the ability to disable the connection between your TDI Account and your SNS Account at any time, by accessing the “Settings” section of the Platform.
  • At the time of registration, you shall ensure that the TDI Account information provided by you in the registration form is complete, accurate and up-to-date. Use of another User’s TDI Account information is expressly prohibited.
  • Though you may browse the Platform without creating a TDI Account, you may not purchase any Products and/or avail of any Services without registering and creating a TDI Account.
  • We shall not charge any fees for creating and registering a TDI Account on the Platform and/or Application. Your access of the Platform and Application is free of charge. You shall only be charged for any orders placed by you. However, please note that this is subject to change and TDI shall, at its sole discretion, have the right to charge Users any fee that it may deem appropriate by amending these Terms of Service.

4. DESCRIPTION OF SERVICE

  • Through the Platform, the User can browse through the Products and Services on offer, the information on the Products and Services provided by TDI and add any of the Productsto your online cart. The addition of the Product to the cart will generate an inquiry or a RFQ, pursuant to which TDI will reach out to you to confirm the selection and discuss purchase options with respect to the Product. The order will be accepted consequent to such confirmation and on issuance of the Purchase Order and the Quotation.
  • The Products are displayed on the Platform with their detailed description including the package contents provided to the Customer. We have made every effort to display as accurately as possible the information, descriptionsand images of our Products. We will not be held responsible for any mistakes or omissions to any information given. We reserve the right to correct inaccuracies at any time without prior notice.
  • We will always endeavor to fulfill your order once completed and paid for. If a Product should become unavailable after your order has been confirmed and paid for, we will contact you to make arrangements for later delivery or refund the price you paid for the Product without any interest. You shall however not be entitled to claim any compensation in the event of an overdue delivery period.
  • We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated to, limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Products and related Services at any time. In the event that, we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  • We do not warrant that the quality of any Product, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product and related Service will be corrected.
  • You shall bear the sole and exclusive responsibility for all aspects of your usage of the Products, including the compliance with all Applicable Laws as well as standard operating procedures that may apply to you on purchase of the Product. These rules may vary in each country. It is your responsibility to assess your compliance in this respect. You shall bear your owns costs relating to the use of the Products.
  • Additional Services –
    TDI may provide such additional (i) After-Sale Services and/or (ii) Spare Parts, as may be requested by the Customer. The cost of any After-Sale Services and Spare Parts shall be in addition to the Purchase Price and shall be set forth in the Purchase Order and/or the Quotation, or shall be as mutually agreed between the Parties.
    It is clarified that TDI shall not be responsible for the non-availability of any specific Spare Part as may be requested by the Customer and TDI shall not be held liable in this regard.

5. PRICING

  • The prices of the Products are as mentioned on the Platform are exclusive of all taxes, , custom duties (if applicable) etc., unless mentioned otherwise and subject to any customization required and mutually agreed upon between TDI and the Customer. The shipping and delivery price for the Services may vary depending on the location of the delivery and shall be in addition to the Purchase Price. We reserve the right to change the price of any of our Products without any prior notice. You are obligated to confirm the price mentioned on the Platform before adding the Products to the cart. Please note however that in the event any change in the Applicable Law or laws of the country where the products are being delivered results in an increase in the price of the Products including but not limited to an increase in custom duties, export duties etc., then the Customer shall be liable to bear such extra costs as communicated to the Customer by TDI.
  • In connection with your requested purchase, you will be asked to provide customary billing information such as name, billing address and credit/debit card information either to TDI or its third-party payment processor. You agree to pay TDI for the purchase made on the Platform by one of the methods described on the Platform and/or Application. You hereby authorize the collection of such amounts by charging the credit/debit card provided, either directly by TDI or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform and/or Application, including any payment gateway services that TDI opts to partner with for collection of payment. TDI may also, at its sole discretion, offer the option of payment in cash.
  • If you are directed to TDI’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices and you agrees to abide by the terms of such third party processor. You agree that in case TDI’s third-party payment provider stores any such information, TDI will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and TDI is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. Please review their terms and conditions and privacy policy before using the services. You will be solely responsible for the security and confidentiality of your credit/ debit card details. TDI expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. Once your transaction is complete you will receive a confirmation email summarizing your purchase from TDI.
  • From time to time, we may offer special promotions for some or all of our Products, including discounts, or free shipping. These offers may be for a limited time only and TDI reserves the right to change or discontinue such offers at any time.
  • If we are unable to collect any amounts you owe for a Product, we may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to us by you. Such communication may be made by us or by anyone on our behalf, including but not limited to, a third-party collection agent.
  • Tax –
    You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. TDI cannot and does not offer tax-related advice to any Users of the Platform and Application.
  • Foreign Currency –
    TDI provides a feature through which you may view the prices for various Products in foreign currencies. You understand and agree that these views of prices are for informational purposes only and are not the official price for the Products. The prices viewed in other currencies would be determined at a conversion rate (the “Applicable Exchange Rate”) as determined solely by TDI. If you make a purchase, you will be notified of the currency in which you will be charged together with the corresponding price. You acknowledge that the Applicable Exchange Rate used for currency conversion processing for such viewing may not be identical to the applicable market rate in effect at the specific time such processing occurs because although TDI updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis.

6. PAYMENT

  • In consideration of the supply of Products and provision of Services, the Customer shall pay to TDI, the price per Products as set forth on the Platform or as otherwise mutually agreed between the Parties (“Purchase Price“).
  • TDI shall promptly raise the invoice for the Products at the time of placement of the order/delivery by the Customer. The Customer shall pay the requisite Purchase Price for the Products in accordance with the payment terms more particularly contained in the Purchase Order and the Quotation. The Customer shall remit such Purchase Price to the Designated Bank Account of TDI, details of which have been set forth in Annexure A (Designated Bank Account) unless the payment is made in cash.
  • All invoices raised by TDI shall be inclusive of any applicable taxes, including the Goods and Services (GST) tax.
  • In the event the Customer does not pay TDI the Purchase Price within the time period set forth in the Purchase Order and the Quotation, the Customer shall pay TDI interest at the rate of 18% (eighteen percent) per annum on the amount of the overdue Purchase Price from the date when the Purchase Price was due till the date it was actually paid by.
  • The User may, at its sole discretion, choose to obtain a credit facility/EMI from any financial institution for payment of the Purchase Price. Any such agreement for extension of credit facility shall be between the Customer and the financial institution and TDI shall not be liable for any delay in payments from the Customer to such financial institution.
  • The Customer acknowledges that TDI has been categorized as a ‘Micro’ enterprise under the MSMED Act, 2006, carrying registration number UDYAM-MH-26-0038498. In view of this MSME status, TDI requests the Customer to treat TDI accordingly in the Customer’s book of accounts, and to report such status to the Customer’s statutory auditors for appropriate recognition, especially in reference to the provisions on timely payment to MSMEs under the MSMED Act, 2006.
  • The Customer further agrees and acknowledges that as per the MSMED Act, 2006, all payments for services rendered by an MSME have to be made within a maximum period of 45 (forty five) days from the day of acceptance or deemed acceptance of the Purchase Order. Furthermore, if the Customer fails to make such payment within the stipulated time period, the Customer shall be liable to pay interest to TDI from the date of payment that has been agreed upon between the Parties till the date of realization of the full amount, at 3 (three) times of the bank rate notified by the Reserve Bank of India.

7. DELIVERY

  • The Products displayed on the Platform will include information with respect to the number of days or weeks it will take for the confirmed orders to be delivered. Quoted or acknowledged delivery dates are only estimated dates of delivery and are subject to change. If no estimate delivery dates are provided on the Platform, we shall communicate the approximate delivery dates to you through the Quotation. We specifically disclaim liability for delays in delivery and any resulting consequential damage or losses.
  • Once your order has been placed, and the order has left our warehouse, we will send you a shipping notification on your e-mail address registered with your TDI Account. Please note that delivery times are estimates and commence from the date of shipping and/or date of payment, rather than the date of placement of order. Delivery times are to be used as a guide only and we are not bound to deliver the Product(s) in the estimated delivery time. You will receive e-mail updates and notifications containing the details of your order.
  • All risk of loss or damage to the products shall pass to you, or a person designated by you, upon taking physical possession of the Product(s) at the delivery destination specified by you. TDI shall not be responsible for any loss or damage to the Products sustained whilst on the delivery destination.
  • The Customer may, at its option, request TDI to obtain and maintain insurance coverage appropriate to the risks involved in supplying the Products to the delivery destination, including but not limited to general commercial liability and/or product liability. In such event, the Customer shall be liable for the cost of any such insurance policy and shall pay the same to TDI at actuals.

8. CANCELLATIONS, RETURNS AND REFUNDS

  • Cancellations –
    Any order shall not be cancelled after the same has been placed. However, the Customer may raise a request for cancellation by sending a written request at [please insert email id]. On receipt of a request for cancellation, we shall issue an email confirming the cancellation, if approved by us, which shall be so done on a case to case basis. It is clarified that TDI is not obligated to accept the cancellation of any order. The refund will thereafter be processed, and a credit will automatically be applied to your credit card or original mode of payment within 30 (thirty) days of acceptance of the cancellation by TDI.
  • Returns and Refunds –
    • The Customer shall be obliged to carefully inspect the Products immediately upon arrival at thedelivery destination. TDI must be informed in writing of any complaints atinfo@toolsdepotindia.in in respect of defects to the Products or any discrepancies in quantity, weight or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice no later than48 (forty eight) hours after the receipt of the Products. Should the Customer fail to inform TDI within the abovementioned term, the Customer shall have no right to apply for return and refund of the Product with regard to such irregularity/defect. Upon receipt of the return request by the Customer, TDI will issue an email to the Customer, recalling the Product for inspection. The Customer shall have to return the Product within 15 (fifteen) days of the date of the email issued by TDI for recall of the Product. It is clarified that if a return request is raised by the Customer, the risk of such Product shall vest with the Customer till the Product is picked up by or returned to TDI in accordance with the prescribed timeline. Further, the cost of return packaging and delivery of the Products to TDI shall be borne by the Customer.
    • The Customer shall not use the Products concerned after discovering any irregularity or defect. The Customer shall provide any cooperation TDI may require in order to investigate the complaint.
    • Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If your request is approved and the defect is confirmed by TDI, then your refund will be processed, and a credit will automatically be applied to your credit card or original mode of payment within 15 (fifteen) days. Please note that the price of the Product excluding the shipping and delivery charges incurred by TDI shall be refunded to you.
    • Please note that return and refund of: (i) used Products; (ii) return request made outside the specified time frame; and (iii) Products with tampered or missing serial numbers will not be entertained by us. Any refund by us would be provided after deducting any shipping and delivery charges incurred by us.
    • TDI shall have the right to refuse any cancellation or decline any request for return or refund at its sole discretion.

9. REVIEWS AND FEEDBACK

  • Reviews –
    • A User may have the option to leave a review regarding any Product or associated Services utilized by the User (“Review”). The completed Review may be:
      • uploaded onto our Platform for the sole purpose of informing other Users of your opinion of the service (level) and quality of the Products; and
      • (wholly or partly) used and placed by TDI at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by TDI and our business partners. We reserve the right to adjust, refuse, or remove Reviews at our sole discretion insofar it violates any terms as set forth in this Clause. TDI does not compensate or otherwise reward a User for completing a Review. The Review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. TDI undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods.
    • TDI will not accept Reviews which include:
      • profanity, sexually explicit, hate speech, discriminatory, threats, violence;
      • (mention of full names, personal attack towards the staff;
      • promoting illegal activities (e.g. drugs, prostitution);
      • sites, emails and addresses, phone numbers, cc details; and/or
      • politically sensitive comments.
  • Feedback –
    We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform, and Products (“Feedback“). You may submit Feedback by emailing us at info@toolsdepotindia.in.
  • You acknowledge and agree that all the Reviews and Feedback will be the sole and exclusive property of TDIand you hereby irrevocably assign to TDI and agree to irrevocably assign to TDI all of your rights, title, and interest in and to all the Reviews and Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or Intellectual Property Rights therein. At TDI’s request and expense, you will execute documents and take such further acts as TDI may reasonably request to assist TDI to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections for the Reviews and Feedback.

10. TERM &TERMINATION

  • Term –
    These Terms will come into effect from the date that you access or browse the Platform and shall remain in effect until terminated in accordance with these Terms of Service
  • Termination and/or Suspension –
    • We reserve the right, at our sole discretion, to suspend, deactivate or cancel your TDI Account and/or your access to our Platform and/or the Application, without providing prior notice to you, if you: (i) breach these Terms of Service; (ii) provide any information during the registration process or thereafter which is proved to be inaccurate, not current or incomplete; (iii) carry out an unauthorized use of the Platform and/or the Application; or (iv) have used the Platform and/or the Application in a manner that violates the laws of India or which threatens the security or otherwise harms TDI or its affiliates, personnel of TDI, or other Users of the Platform and third parties.
    • You may terminate your TDI Account at any time by sending an email to [Please insert email id]. Please note that if your TDI Account is terminated, we do not have an obligation to delete or return to you any User Content you have posted to the Platform, including, but not limited to, any Reviews or Feedback, if any.
    • Not with standing any other provisions of the Terms of Service, we reserve the right to suspend or discontinue the Products, any services, and the Platform either temporarily or permanently and either wholly or in part, for maintenance purposes or otherwise, without prior notice.
    • Provisions in these Terms of Service that are by their nature intended to survive termination (including, without limitation Clause 12 (Ownership and Rights), Clause 13 (Confidentiality), Clause 14 (Data Protection), Clause 15 (Indemnity), Clause 16 (Disclaimers), Clause 17 (Limitations of Liability), Clause 18 (Governing Law and Jurisdiction), Clause 21 (Dispute Resolution), Clause 22 (Privacy) and Clause 24 (Miscellaneous)) will continue to apply to you with full force and effect notwithstanding any termination of the Terms of Service.
  • Amendment to the Terms of Service –
    • We reserve the right to revise, modify, or update the Terms of Service from time to time and the most current version will be posted on thePlatform.Ifarevision,inoursolediscretion,ismaterial,wewillnotifyyoubye-mailorthroughanyother means of communication. Other revisions may be updated only on the Platform and you are responsible for checking such postings regularly. By continuing to use the services and/or Platform after revisions become effective, you agree to be bound by the revised Terms of Service. The revised Terms of Service shall supersede all prior versions. If you do not agree to the revised terms, you may terminate the Terms of Service in accordance with Clause 9.2 above.
    • In addition, in the event any regulatory authority that has provided us any license to provide the Products, related Services, and/or Platform, revokes such license, you hereby agree that we may terminate these Terms of Service, at any time, without liability on our part.

11. USER CONDUCT

  • You understand and agree that you are solely responsible for your compliance with any and all Applicable Laws, rules, regulations, and tax obligations that may apply to your use of the Platform, associated services and Content. In connection with your use of our Platform, you may not, and you agree that you will not:
    • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
    • through any act or omission, threaten 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 offence or prevents investigation of any offence or is insulting to any other nation;
    • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform, or Content;
    • to ascertain our policies and practices in relation to Personal Data and the kind of Personal Data held by us;
    • use the Platform for any commercial or other purposes that are not expressly permitted by these Terms of Service;
    • copy, store or otherwise access any information contained on the Platform, Products, associated Services or Content for purposes not expressly permitted by these Term s of Service;
    • ( infringe the rights of any person or entity, including without limitation, their Intellectual Property, privacy, publicity or contractual rights;
    • interfere with or damage our Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
    • use our Platform, to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    • use our Platform in connection with the distribution of unsolicited commercial email (“Spam”) or advertisements unrelated to lodging in a private residence;
    • “stalk” or harass any other user of our Platform, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User;
    • register for more than one TDI Account or register for a TDI Account on behalf of an individual other than yourself without being authorized to do so;
    • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
    • use automated scripts to collect information or otherwise interact with the Platform;
    • post, upload, display, publish, submit or transmit any information or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any Applicable Law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is blasphemous, defamatory, obscene, libelous, pornographic, pedophilic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) harms minors in any way; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; (viii) is relating or encouraging money laundering or gambling; (ix) promotes illegal or harmful activities or substances; (x) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (xi) creates liability for TDI or causes it to lose (in whole or in part) the services of ISPs or other suppliers.
    • systematically retrieve, copy or download data or other Content from our Platform, to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise, either for your benefit or for the benefit of any other persons;
    • use, display, mirror or frame the Platform, or any individual element within the Platform, or Products or associated services, TDI’s name, any TDI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TDI’s express written consent;
    • access, tamper with, or use non-public areas of the Platform, TDI’s computer systems, or the technical delivery systems of TDI’s providers;
    • attempt to probe, scan, or test the vulnerability of any TDI system or network or breach any security or authentication measures;
    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TDI or any of TDI’s providers or any other third party (including another user) to protect the Platform, and Content;
    • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, or Content to send altered, deceptive or false source-identifying information; or
    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
  • TDI will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TDI may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Use. You acknowledge that TDI has no obligation to monitor your access to or use of the Platform, or associated services, or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Platform: (i) to ensure your compliance with these Terms of Service, including investigation of potential violations hereof; (ii) to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect our rights, property or safety of our users and the public. TDI reserves the right, at any time and without prior notice, to remove, suspend, edit, or disable access to any User Content that TDI, at its sole discretion, considers to be objectionable for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), in violation of these Terms of Service or otherwise harmful to the Platform.

12. OWNERSHIP & RIGHTS

  • Data Usage & Retention –
    • The Personal Data that you provide to us or otherwise author is us to have access to, is your property.
    • By using our services, and/or accessing the Platform, you grant us a license to collect, use, copy, transmit, store and back-up your Personal Data for purposes of providing services and/or for any other purpose(s) as contemplated by the Terms of Service.
    • All Personal Data and Sensitive Personal Data provided to us by you shall be governed by the Privacy Policy.
  • Intellectual Property –
    • You acknowledge and agree that TDI owns and reserves the right, title and interest in and to the Products, Services, Platform and Content.
    • As part of the Services, we grant you a non-exclusive, limited, royalty-free, revocable license, during the term of the Terms of Service to use our Platform to facilitate your personal, non-commercial use. Any rights relating to our Platform and Content that we do not expressly grant to you in writing are expressly reserved, and your access to and use of our Platform does not grant you an express or implied license in respect of any of the Intellectual Property Rights that are owned by, licensed to, or controlled by us and our licensees.
    • To the extent required in order for us to operate this Platform and/or promote the Platform, in any media or platform, you grant to us a non-exclusive, world-wide, royalty-free, transferrable, irrevocable license and right to host, publicly display, transmit, distribute, or use (that includes the right to copy, reproduce, and/or publish) the User Content you upload onto this Platform. Insofar as User Content (including images) includes Sensitive Personal Data, such User Content will only be used for those purposes if such use complies with the applicable Data Protection Laws in accordance with Clause 13 of the Terms of Service and the Privacy Policy. Unless otherwise agreed between the Parties, TDI does not claim any ownership rights in any User Content and nothing in the Terms of Service will be deemed to restrict any rights that the User may have to use or exploit its User Content.
    • You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to TDI the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or TDI’s use of the User Content (or any portion thereof) on, through or by means of the Platform, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any Applicable Law or regulation.
    • You acknowledge and agree that the TDI logo is our trademark and may not be used by you without our prior written consent.
    • Any distribution, reprint or electronic reproduction of any Content from the Platform, in whole or in part, is strictly prohibited without our prior written consent.
    • You acknowledge and agree that you shall not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other Intellectual Property or proprietary information accessible through the Products, services and/or Platform, without first obtaining the prior written consent of TDI.

13. CONFIDENTIALITY

During the course of your use of our services and/or the Platform, you may receive information relating to us or to our Products and related Services, that is not known to the general public (“Confidential Information“). You agree that: (i) all Confidential Information will remain TDI’s and/or its affiliates’ exclusive property; (ii) you will use Confidential Information only as is reasonably necessary for your participation in our services and use of the Platform; (iii) you will not otherwise disclose Confidential Information to any other person or third party; and (iv) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service. You may not issue any press release or make any public statement related to our Products, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

14. DATA PROTECTION

You agree that we shall have the right to collect and/or use or analyse your Personal Data or Sensitive Personal Data as set forth in the Privacy Policy.

15. INDEMNITY

  • You release TDI and agree and undertake to fully indemnify and hold TDI, its affiliates, and its respective officers, directors, employees, successors, representatives, and agents harmless from and against all Losses howsoever arising from all claims, allegations, actions, proceedings, demands, or costs brought by a third party or other liability or expenses (including, without limitation, attorneys’ fees) (each, a “Claim”)that we may sustain or incur, directly or indirectly, arising from or as a result of your: (i) actual or alleged breach of the Terms of Service; (ii) use of the Platform; (iii) access to, use, or Misuse or Abuse of the Content on, or any service(s) offered through, our Platform;(iv) misconduct in any manner, including negligence and fraud, in connection with your use of our Platform or any of the Services; or (v) any actual or alleged infringement of any Intellectual Property Rights by you, and any personal injury, death, or property damage related thereto.
  • We will notify you of any such Claim or proceeding and assist you, at your expense, in defending the same. We reserve the right to assume, at your expense, the exclusive control and defense of any matter that is or may be subject to indemnification under this Clause. Should we exercise this right, you nevertheless agree to cooperate with any reasonable requests we make of you to assist with our defense of suchmatter.

16. DISCLAIMER

  • TDI AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE PLATFORM, PROVISION OF SERVICES OR THE INFORMATION, CONTENT, PRODUCTS, OR MATERIALS INCLUDED ON THE PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TDI AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TDI AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SERVICES. TDI IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE PLATFORM. TDI DOES NOT WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR PLATFORM WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE,THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE PLATFORM IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES OR THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE PLATFORM, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
  • Neither shall TDI be responsible for the delay or inability to use the Platform or related services,or for any information, software, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, TDI shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to technical reasons or for any reason beyond the Platform’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
  • TDI shall not be responsible for ensuring the safety of the Products. The User agrees and acknowledges that TDI is not the manufacturer of the Products and cannot warrant to the safety of the usage of the Products and liability in this regard shall vest solely with the Customer, who shall be responsible for utilizing the Product in the manner instructed and for any safety issues that may arise due to the improper use of the same. The Customer is encouraged to thoroughly read the user manual accompanying the Products to make itself aware of the risks and safety concerns surrounding the Product.
  • THESELIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
  • Whilst we will use reasonable commercial efforts to ensure that all your submitted Personal Data and Confidential Information is accurately captured, extracted and/or entered into our system, we do not warrant that this processor that any reports and /or analysis generated by the Platform will be 100% (hundred percent) error free. You are responsible for reviewing and verifying all such reports and/or analysis and promptly informing us of any errors noted in writing. Subject to that, we will take steps to investigate and rectify any confirmed errors as soon as reasonably practicable following receipt of your notification.

17. LIMITATION OF LIABILITY

  • To the maximum extent permitted by law, we will not be liable to you for any Losses, (including loss of information, data, revenues, profits or savings) resulting, directly or indirectly, out of, or in any way connected with your access to, use of, or reliance on the Platform, services or Products including any special, consequential, punitive, incidental or other losses, expenses or damages arising out of or in connection with the use of the Platform whether in negligence, contract, tort, strict liability, or any other legal theory. You assume full responsibility for the use of the Products, services and/or the Platform.
  • We may at our sole discretion and without assigning any reason whatsoever at any time, deactivate or/and suspend your TDI Account and/or access to the Platform without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of these Terms of Service, we shall not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to the Platform for any purchase shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
  • We may suspend performance of our services or access to the Platform without liability where we have identified an actual or potential personal, financial or legal risk to the User (which may include the following circumstances: (i) if you breach these Terms of Service or any of our policies; (ii) if you fail to reasonably cooperate with an investigation by us; or (iii) where we reasonably believe that your continued provision of our Platform and/or Application would expose you or us or our respective affiliates or customers to a material security risk or a regulatory action.
  • Without limiting Clause 16.1above,ifyousufferLossesordamageasaresultofourgrossnegligence or will full failure to comply with our obligations under these Terms of Service, any claim by you against us will in any event be limited to the amount paid by you to TDI for that particular Product which is purchased by you.
  • Market data and other information made available to you through the Platform may be obtained by TDI from third parties. Whilst TDI believes such market data or information to be reliable, neither TDI nor such third parties guarantee the accuracy, completeness or timeliness of any such market data or information and are provided on “as is” basis.
  • You agree and acknowledge that TDI does not manufacture any of the Products sold on the Platform and therefore does not provide any warranty and/or guarantee in this behalf. The only warranty and/or guarantee to the Customer in respect of the Products shall be as provided by the third party manufacturer of the Products and you are urged to peruse the warranty card accompanying the Product to understand the applicable warranty.
  • You are solely responsible for all of your communications and interactions with other Users of the Platform, and with other persons with whom you communicate or interact as a result of your use of the Platform, including, but not limited to, any Users. You understand that TDI does not undertake to verify the statements of Users of the Platform, or the Reviews of any Products. TDI makes no representations or warranties as to the conduct of Users of the Platform or their compatibility with any current or future Users of the Platform. You agree to take reasonable precautions in all your communications and interactions with other Users of the Platform and with other persons with whom you communicate or interact as a result of your use of the Platform, including, but not limited to, the Users, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by TDI.
  • You expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in TDI /Platform incurring any form of liability whatsoever, these Terms of Service and any agreement thereof will stand terminated 1 (one) day before the coming into effect of such statute, rule, regulation or amendment.

18. THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND/OR SERVICES

  • The Platform mayenableyoutolinktothewebsitesandtoaccessthecontent,productsand/or services of third parties, including users, advertisers, affiliates and sponsors of such third parties. We have no control over and are not responsible for any such third-party websites or content, products or services and you agree to bear all risks associated with your access to and / or use of any such third-party websites, content, products and services.
  • You are aware that all such third-party content is the responsibility of the respective authors thereof, and TDI does not make any warranties or guarantees with respect to the same. You are further aware that TDI does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the Platform; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion or statement made by any party that appears in the Platform. You acknowledge and agree that under no circumstances will TDI or its affiliates be responsible or liable for any Losses resulting from your reliance on information or other Content posted on the Platform or transmitted to or by any Users or third parties.

19. FORCE MAJEURE

Neither Party shall be liable for any failure or delay on its part in performing its obligations under these Terms of Service, if such failure or delay is due in whole or in part, to “Force Majeure” conditions. Force Majeure for these Terms of Service, shall mean incidents which could not have been reasonably predicted and which have resulted from circumstances beyond the control of the affected Party and which are limited to act of God, or governmental act, political instability, epidemic, pandemic, flood, fire, explosion, accident, civil commotion, war or computer viruses. The Party whose performance is prevented by Force Majeure shall take all reasonable actions within its power to comply as fully as possible herewith and to preserve and protect the respective interests of the other Party here to.

20. GOVERNING LAW AND JURISDICTION

  • These Terms of Service shall be governed by the laws of India.
  • The courts of Pune, Maharashtra shall have exclusive jurisdiction over any disputes between the Parties arising out of or in relation to these Terms of Service.

21. DISPUTE RESOLUTION

Any complaint or dispute can be raised in writing to our compliance team at [.].

22. PRIVACY

Use of the Platform and its services are also governed by the Privacy Policy. We only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. If you object to the Privacy Policy in any way, please do not use the Platform and its associated services.

23. GRIEVANCE OFFICER

In the event you have any grievances or questions about the Platform or if you wish to make a complaint regarding any violation of the provisions of the Privacy Policy and the way your Personal Data is processed, you may contact us at the details as set out below, pursuant to which your grievance shall be redressed within 1 (one) month from the date of receipt of the grievance/complaint.

Email ID: info@toolsdepotindia.in

24. MISCELLANEOUS

  • Waiver –
    The failure of a Party at any time to insist on performance of any provision of the Terms of Service is not a waiver of that Party’s right at a later time to insist on performance of that or any other governing provision of the Terms.
  • Severability –
    If any term or provision of the Terms of Service is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of the Terms of Services hall remain in full force and effect and shall in no way be affected, impaired or invalidated.
  • Notices –
    Any notice given under the Terms of Service by either Party to the other must be in writing, by email, or by electronic communication via the Platform and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the email or electronic communication was not received by the recipient’s email or web server. Notices to TDI must be sent by email to [Please insert email id] or to any other email address notified by email to the Users by TDI, or by electronic communication via the Platform from time to time for such purpose. Notices to the Users shall be sent to the email address provided when registering for setting up their TDI Account or by such other electronic communication via the Platform.
  • Assignment –
    The User shall not have the right to assign or transfer the Terms of Service, or any part thereof, without the prior written consent of TDI. Any assignment without such consent shall be void and shall have no effect. TDI shall have the right to assign or transfer the Terms of Service without requiring the prior approval of the Users.
  • Rights of Third Parties –
    A person who is not a Party to these Terms of Service has no right to be nefit under or entitlement to enforce any term of these Terms of Service.
  • Relationship of Parties –
    You acknowledge and agree that nothing in the Terms of Services hall cause or constitute the Parties to be partners, agents or fiduciaries of each other. You will have no authority to make or accept any offers or representations on our behalf. The Terms of Service will not create an exclusive relationship between you and us.
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