TERMS AND CONDITIONS OF USE

Last updated: 15th August 2025

1. INTRODUCTION

Welcome to Tooffi. We are happy you are here.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder, as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. That require prominently publishing the rules and regulations, Privacy Policy for access of the website or mobile application. This electronic record is generated by a computer system and does not require any physical or digital signatures.

We thank you for visiting us! We love celebrating smallest achievement and even hard fought losses and we are here to help everyone who shares this fine habit through Tooffi, India’s first gifting marketplace. We welcome all the reviews, ratings, pictures & comments you share but we must adhere to the content guidelines. We provide an online platform for buying, reviewing and rating which are submitted by our registered users, which includes but is not limited to information about and commentary on all kinds of gift items, cakes, other products through our website. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Tooffi is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

These Terms and Conditions of Use (hereinafter referred to as "Terms" / “Terms and Conditions”) constitute a legally binding agreement made between you, (hereinafter referred to as "you" or “your”), a User and Tooffi hereinafter referred to as "we" or "us" or "our" or "Tooffi"), concerning your access to and use of the website being www.tooffi.com (“website”) and its related mobile application (“App”) and services that Tooffi may provide now or in the future (collectively, referred to as the "Site" or "Website" or "App" or "Application" or “Platform”). You agree that by accessing the Site/App, you have read, understood, and agreed to be fully bound by all of these terms.

The Site is operated and owned by Muchroom Technologies Pvt Ltd, a private limited company having its office at Bhuvana Greens, Bangalore.

This Site enables you to avail certain services from Tooffi. Some of the services offered by Tooffi are listed below:

  • Enables Users to provide reviews and ratings, which includes but is not limited to information about and commentary on all kinds of gift items, cakes and other products of the sellers on our Platform.
  • Enables Users to choose the sellers and place orders for gifts and/or other products like cakes (“Orders”).

Please note that third party service providers i.e. pick-up and delivery partners (“PDP”) will be responsible for providing the pick-up and delivery services of the Orders. For both Orders and delivery services, Tooffi is merely acting as an intermediary between the Users, the PDP and the sellers and Tooffi shall not be responsible for the Orders and delivery services. For the Orders, pickup and delivery services, PDPs may charge the Users of the Site, a service fee (inclusive of applicable taxes whenever not expressly mentioned). Tooffi shall not be liable in any manner for any services rendered by the PDPs including Orders, pickup and delivery services. Any failure by the PDP to render the Order or pickup and delivery service shall be the sole responsibility of such PDP and the User acknowledges that the User shall not hold Tooffi responsible for such failure in any manner.

Delivery periods quoted at the time of ordering are approximate only and may change depending on many factors. Products will be delivered only to the address designated by you at the time of ordering. While we will do our best to deliver on time, no responsibility is taken for late delivery of products. In case of a late delivery, the delivery charge will neither be voided nor refunded by us. If you fail to accept delivery of products at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. The delivery of the items ordered will be attempted only ONCE at the address as provided. In the event the delivery is not executed due to any reason whatsoever, the order shall be considered complete, and re-delivery or a refund will not be an option.

These Terms are effective for all our existing and future Users including but without limitation of all kind of Users contributing content and reviews in the form of written, oral or in any audio-visual mode or reading, liking, sharing or commenting on these contributed reviews.

By accessing this website,

  • you acknowledge that you have read, understood, and agree to be bound by this Agreement, and
  • you represent and warrant that you are of legal age and not prohibited by any law as applicable to (now or in future) from accessing or using this website/ Application.

We reserve the right, in our sole discretion, to update, make changes or modifications to these Terms at any time and for any reason. The date of the last revision or update appears at the top under the title. PLEASE READ THIS TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS, INCLUDING OUR PRIVACY POLICY (https://tooffi.com/privacypolicy). It is your sole responsibility to periodically review these Terms to stay informed of any updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and Conditions by your continued use of the Site on the date such revised terms are posted and made applicable.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND PRIVACY POLICY IN THEIR ENTIRETY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST NOT USE THE PLATFORM AND YOU MUST LEAVE THIS WEBSITE/APP IMMEDIATELY.

2. DEFINITIONS

  • 2.1 “Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders, ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority of India;
  • 2.2 “Content” shall include (but is not limited to) dish reviews, comments, ratings, texts, any data, content, images, product description, videos, location data, software, emails, communications or other materials or information of any type that is available through the Site;
  • 2.3 “Intellectual Property Rights” shall mean registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process or presentation, content, and videos and exercises;
  • 2.4 “Tooffi Information/Data” shall mean any and all information relating to the User provided to the Site by the User at his sole discretion in order to use the Site;
  • 2.5 “Tooffi Services” shall mean and include the services provided by Tooffi through its Site;
  • 2.6 “User Content” shall mean Content that you upload, share or transmit to, through or in connection with the Website, such as likes, ratings, comments, questions, dish reviews, images, photos, messages, videos and any other material that you display or displayed on the Site.
  • 2.7 "User/ Users" shall mean any individual who visits, accesses, posts suggestions, ideas, comments, questions, product review or other information on the Platform and uses the Services provided on the Site; and
  • 2.8 “Website” shall mean the website www.tooffi.com.

3. ELIGIBILITY TO USE THE WEBSITE

You must be legally competent for entering into a binding contract under Applicable Law. If you are not legally competent for entering into a contract under Applicable Law, you cannot use the Site and cease its use immediately. If you are under the age of 18 years, you are not eligible to register for the Website. If you wish to use our Website, such use shall be made available to you by your legal guardian or parents. The parent or legal guardian agree to be bound by these Terms in respect of your use of the Website.

4. MODIFICATIONS TO SERVICES/OFFERINGS & DATA

The offerings on our Website may change over time as we may add more features and functionality or delete some of the less used features. We may modify, suspend or discontinue, temporarily or permanently, the offerings, Services (or a part of the Services) from time to time without any prior or subsequent notice to you. Please backup your data as we have no responsibility in case of deletion or failure to store any data or other content maintained or transmitted by the offerings and services. You agree that We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or deletion of your data.

You acknowledge that We may establish general practices and limit the use of the various offering of our Services, including without limitation the maximum period that data or other content will be retained by the offering of our Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by Services.

5. USER CONTENT

Our Site may permit You to submit, transmit, post or otherwise provide User Content. To the extent you access our Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You agree that Tooffi will not be responsible for the message and data rates due to your use of any of our mobile applications or website on your device and You are solely responsible for any costs associated with using the Site on your devices. In the event you change or deactivate your mobile telephone number, you agree to immediately update your account information to ensure that your messages are not sent to the person that acquires your old number.

We may share User Content with sellers. The delivery personnel of the PDP will also have the phone number, address and other data needed to deliver Your Orders. We are not responsible for misuse of such data by the delivery Personnel or the PDP.

The Services and/or the Content may contain technical inaccuracies, typographical errors, or omissions, including with respect to allergy information and/or product preparation standards. We are not responsible for any such typographical, technical, pricing, or other errors listed on or omitted from the Services and/or the Content.

6. LICENSE GRANT AND RESTRICTIONS BY USERS

6.1. LICENSE GRANT

Subject to the terms and conditions of this Terms of Use, Tooffi grants you a personal, limited, non-exclusive, non-transferable, non-sub-licenseable, revocable license to access the Platform. Except for this limited grant of access and use under these Terms and Conditions, we do not grant you any other rights to the Platform. You shall not authorize others to use your account.

6.2. RESTRICTIONS

You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles and you agree not to:

  • Access the Site through automated or non-human means, whether through a bot, script or otherwise.
  • Use the Site for any illegal or unauthorized purpose.
  • Violate any Applicable Law.
  • Interfere with or damage operation of the Site, uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code intended to interrupt, destroy or limit the functionality of any computer resource.
  • Use our Services provided by the Platform for commercial purposes of any kind.
  • Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service, please contact info@tooffi.com.
  • Use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
  • Engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", and "griefing" as those terms are commonly understood and used on the Internet.
  • Copy or distribute any proprietary information for any commercial or business use, except with our prior written permission.
  • Use our Platform to post, transmit, or share material that you did not create or that you do not have permission to use.
  • Upload, post, transmit, share or otherwise make available through the Platform any illegal material, or any material that contains software viruses or any other computer code designed to interfere with the functionality of any computer software or hardware or telecommunications equipment.
  • Use the Platform to upload, modify, publish, post, transmit, or share material that is defamatory or invasive of the privacy of another person, graphically violent, or otherwise inappropriate for a general audience.
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Tooffi in any form or manner whatsoever.
  • Provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • Contains video, photographs, or images of another person (with a minor or an adult);
  • Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.

7. USER REGISTRATION AND SECURITY

If you wish to access our Site, You may be required to register with us on our Site by providing your user name and password. You agree to keep your password confidential and shall be responsible for all use under your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We have the final authority and sole discretion regarding deleting or amending your user data.

You can delete/unregister your account anytime by submitting a request to info@tooffi.com. Tooffi may require additional information from the User in order to enable us to verify your account before the deletion of your account.

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8. OWNERSHIP OF USER CONTENT

By posting, submitting or transmitting User Content in the Platform other than information submitted for registration you grant us and our affiliates a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:

  • Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content submissions throughout the world in any media, now known or hereafter devised, for any purpose; and
  • Use the name and/or photo or Content that you submit in connection with such submissions.

You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion. By posting, submitting or transmitting User Content using our Site you permit Tooffi the right to store that information with us, and to use such User Content for, maintenance and marketing. You agree and understand that you must evaluate the submission of such User Content to the Site. You hereby agree that you shall, defend, and hold harmless Tooffi for all claims resulting from User Content provided by you to the Site.

You agree that Tooffi has the right to reject, remove, edit, and move or prevent access to any User Content provided by the User to Tooffi. However, the obligation to maintain the accuracy and correctness of the User Content remains with you.

You acknowledge and agree that neither Tooffi nor any third party service providers are responsible for the submissions of the User Content transmitted or posted by You to the Site.

You acknowledge that We have no obligation to monitor yours or anyone else’s access to use of our Services for violations of the Terms or to review or edit any Content. However, we have the right to do so to operate and improve our Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with this Terms s and to comply with Applicable Law.

You acknowledge and agree that Your submissions of User Content are original, non-confidential and non-proprietary and that you have the right or appropriate license to provide or make that such submission on our Site.

You acknowledge and understand that Tooffi is and shall remain the registered owner of the word mark “Tooffi” and its logo, and also holds relevant Intellectual Property Rights in its other forms or variants.

You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM, YOUR PRIVATE MESSAGES AND FOR ALL ACTIVITIES THAT OCCUR IN YOUR ACCOUNT.

9. CUSTOMER REVIEWS & OUR RESPONSIBILITY

Customer reviews and/or ratings are given for product(s) and/or sellers provided by the Users do not reflect the opinion of Tooffi. We receive many reviews and ratings for products by customers. These reviews reflect the opinion of such customers about those specific products. It is important to say that every review posted on our platform is the personal opinion of the customer/reviewer only. We are a neutral platform, which solely provides a means of communication between customers/reviewers and the concerned product sellers and/or owners/representatives with access to the seller business page where they post their products(s).

The advertisements published on our Site are completely independent of the reviews received by such advertiser’s products.

We are a neutral platform, and we don't arbitrate disputes, however in case if someone writes a review about a product(s) that the seller/manufacturer (aggrieved party) thinks to be misleading or the one made with malafide intentions, the best option for the aggrieved party would be to contact the reviewer or post a public response to clear up any misunderstandings. If the aggrieved party believes that any particular customer's review violates any of our Terms and Conditions or policies, the aggrieved party may write to us at dm@tooffi.com and bring such violation to our attention. We may remove the review in its sole discretion if the review violates the terms, or content guidelines and policies or otherwise harmful to the services. However, we do not warrant, covenant or promise to do so, and therefore, in case we fail to remove such review, rating or feedback, we shall not be liable in any manner whatsoever.

We are not responsible for the product rating, quality ,quantity , heigene or anything related to the seller. Tooffi does not sell, manufacture, store, or inspect any of the products sold through our Services. Tooffi has no control over the quality or safety of the Orders. Your Order is between you and the seller from which you Order. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Tooffi can't and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Tooffi from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

10. RESPONSIBLE USER BEHAVIOUR, REVIEW SPACES & RESTRICTIONS

Our Site may contain discussion forums, bulletin boards, review services or other forums in which you or any third parties may post reviews of product related experience you may have or other content, messages, materials or other items on this Website ("Review Spaces").

If We provide such Review Spaces, you are solely responsible for your use of such Review Spaces and shall use them at your discretion. By using any Review Spaces, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Site any of the following:

  • 10.1 Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
  • 10.2 Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, central or international law or the content that is threatening, harassing, indecent, pornographic, vulgar, embarrassing, malicious, defamatory, political, menacing to our interest etc.
  • 10.3 Content that may infringe any patent, trademark, trade secret, copyright or other intellectual proprietary rights of any party.
  • 10.4 Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
  • 10.5 Unsolicited promotions, advertising, contests, raffles, or solicitations.
  • 10.6 Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Aadhar numbers, credit card numbers etc.
  • 10.7 Viruses, corrupted data or other harmful, disruptive or destructive files;
  • 10.8 Content that is unrelated to the topic of the Review Spaces(s) in which such Content is posted; or
  • 10.9 It will be our sole judgement to decide about the content or links to content if it:
    • a) Violates the previous subsections herein,
    • b) Is objectionable
    • c) Which restricts or inhibits any other person from using or enjoying the Review Spaces or this Website, or
    • d) This may expose us or our affiliates or its users to any harm or liability of any type.
  • 10.10 We take no responsibility and assume no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
  • 10.11 As a provider of interactive services, we are not liable for any statements, representations or Content provided by its Users in any public forum, personal home page or other Review Spaces.
  • 10.12 Although we have no obligation to screen, edit or monitor any of the content posted to or distributed through any Review Spaces, we reserve the right and have absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on its Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.

Any use of the Review Spaces or other portions of this Website in violation of the these Terms and Conditions may result in, among other things, termination or suspension of your rights to use the Review Spaces and/or this Website.

11. USER REPRESENTATIONS AND WARRANTIES AND INDEMNITY

11.1 User Representations and Warranties

  • a) All registration information that you submit will be true, accurate, current, and complete.
  • b) You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • c) You have the legal capacity, and you agree to comply with these Terms of Use.
  • d) You are not under the age of 18 or such other legal age as per Applicable Law.
  • e) You own or otherwise control all of the rights to any of your Content submitted by you and that all User Content submitted by you is accurate.
  • f) Usage of such User Content by us and its other Users, partners, and licensees will not violate this Terms and Conditions, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, Intellectual Property Rights and rights of privacy or publicity).
  • g) You shall use our Platform for lawful purposes only and that you will not violate these Terms and Conditions and all Applicable Law.

11.2 Indemnity

To the maximum extent permitted by Applicable Law, You agree to indemnify, hold harmless, and defend Tooffi, our affiliates, and our representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims resulting from:

  • a) any User Content submitted by you,
  • b) your use of our Services, or
  • c) any damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your breach or violation by you of this Terms and Conditions.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM:

  • 12.1 Errors, mistakes, or inaccuracies of content, and/or personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site.
  • 12.2 Any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or
  • 12.3 Any interruption or cessation of transmission to or from our servers, and/or
  • 12.4 Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or
  • 12.5 Any loss of your data or content from the services, and/or
  • 12.6 Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services,
  • 12.7 The disclosure of information according to these Terms or our Privacy Policy, and/or
  • 12.8 Your failure to keep your password or account details secure and confidential, and/or
  • 12.9 Loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertisement or product review or feedback posted by any user or third party, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on website, and/or delay or failure in performance resulting from causes beyond our reasonable control.
  • 12.10 Liabilities that may arise as a consequence of any unauthorized use of credit/debit cards.
  • 12.11 Liabilities that may arise for any losses or damages in connection with the use of Tooffi information or for any inaccuracy, invalidity or discrepancy in the certification or non-compliance of any applicable laws by the seller partner/merchant.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

YOU AGREE THAT THE LIABILITY OF TOOFFI, ITS DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE WEBSITE IS LIMITED SOLELY TO DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, THE AGGREGATE OF RS.10000.

13. THIRD-PARTY WEBSITES

The Site may contain (or you may be sent via a hyperlink on the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

You should take precautions when downloading files from Third-Party Websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Websites, you do so at your own risk.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern.

You should review the applicable terms and policies, including terms of use, privacy policy, disclaimers and other data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever for such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

14. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. Either party may terminate the use of the Platform at any time, with or without notice, for no reason or any reason. If you wish to terminate your account on your mobile device, you may do so by removing the application from your device and following the instructions on the application or through the Platform.

Please email info@tooffi.com for any termination inquiries/questions. On termination, you lose the right to access or use the Platform.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON OR USER FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT ANY WARNING, IN OUR SOLE DISCRETION.

Any Content uploaded by you, shall be subject to Applicable Law and may be disabled, or and may be subject to investigation under Applicable law. Further, if you are found to be in non-compliance with the Applicable Law and these Terms, we have the right to immediately block your access and usage of our Platform and we will have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available under Applicable Law.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redressal.

15. INTERRUPTIONS

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

16. NO WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL INFORMATION, CONTENT, MATERIALS OR YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TOOFFI, ITS DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY.RIGHTS. TOOFFI, ITS DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, DO NOT WARRANT THAT THE SITE OR SITE CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. TOOFFI, ITS DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST TOOFFI WITH RESPECT TO THE SAME.

17. ENTIRE AGREEMENT AND WAIVER

These Terms, together with the Privacy Policy shall constitute the entire agreement between you and us concerning our Services. No failure or delay by us in exercising any right, power or privilege under these terms shall operate as a waiver of such right or acceptance of any variation of the terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

18. SEVERABILITY

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

19. RELATIONSHIP

None of the provisions of these Terms shall be deemed to constitute a relationship, partnership or agency between you and us and you shall have no authority to bind us in any form or manner, whatsoever.

20. GOVERNING LAW & DISPUTE RESOLUTION

  • 20.1 These Terms and Conditions shall be governed by the laws of India.
  • 20.2 In case of any claim, dispute, matter or controversy arising out of or concerning these terms between the parties, the parties shall spend at least 15 days to try and amicably resolve such dispute, through mutual discussions.
  • 20.3 If the Parties fail to resolve such a claim, dispute, matter or controversy through mutual discussions, then they shall refer such claim, dispute, matter or controversy to a binding expedited Arbitration, to be headed by a sole Arbitrator who shall be solely appointed by Tooffi. The Arbitration proceedings (including any documents to be submitted therein) shall be conducted in the English language and the seat of Arbitration shall be in Bangalore, Karnataka. The Arbitration proceedings shall be governed by the provisions of the Arbitration & Conciliation Act, 1996, and its applicable rules, as amended from time to time.
  • 20.4 The Courts of Bangalore, Karnataka Shall have exclusive jurisdiction for any dispute if remains unresolved after arbitration or for any challenge to the Arbitration clause mentioned above.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

21. NOTICE OF COPYRIGHT INFRINGEMENT

We shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through our Platform, or items advertised on our Platform, by end-users or any other third parties. We respect the Intellectual Property Rights of others and require those that use our Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on our Services that infringes upon the copyright and other intellectual property rights of others. We also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. If any User of our Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those User’s rights to use our Services. If you believe that your copyright has been or is being infringed upon by material found in our Services, you are required to follow the below procedure to file a notification:

  • a) Identify in writing the copyrighted material that you claim has been infringed upon;
  • b) Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address (if available);
  • c) Provide your physical and/or electronic signature;
  • d) Send us a written communication to info@tooffi.com;
  • e) You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.

22. PAYMENTS REFUND AND ORDER CANCELLATION

22.1 Payment

Payment of Orders available on the Site can be made by credit cards, debit cards, net banking, UPI, wallets and cash on delivery.

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by you and between your bank (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s; or (d) stolen card

All payments made against the purchase of Orders on our Site by you shall be as against the price displayed on our Site and shall be in terms and conditions of the third party online payment gateway services as adopted and applicable to your transaction as approved by us. You are required to make full payment for the purchase of your Orders. In case you do not make full payment for your purchase, your Order will not be processed. Please review such online payment gateway terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.

The final tax bill will be issued by the SELLER and PDP (if registered for tax purposes) to you along with the Order and Tooffi is merely collecting the payment on behalf of such seller and PDP. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the seller and PDP. Tooffi holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the seller and the PDP.

The prices reflected on the Platform, including packaging or handling charges, are determined solely by the listed seller and are listed based on the listed seller’s information. Very rarely, prices may change at the time of placing Order due to the listed seller changing the menu price without due intimation and such change of price are at the sole discretion of the listed seller attributing to various factors beyond control.

Tooffi special offers or promotions are managed by Tooffi in its sole discretion and redemption of and participation in such offers or promotions are subject to Tooffi's sole discretion. Tooffi is not responsible for special offers or promotions provided by sellers.

All prices of the Orders listed on the Website are exclusive of GST. GST shall be additionally applicable to such prices.

We reserve the right to charge a subscription and/or membership and/or a convenience fee from You by giving reasonable prior notice.

22.2 Refund and Order Cancellation

All refunds are subject to the refund policies of the seller from which you order. If you contact us seeking a refund, we cannot and will not process any refund until we receive the approval from the applicable seller. We will use reasonable efforts to request and obtain refunds when appropriate. You may be required to submit proof in case of any complaints related to the Order.

In case Tooffi accepts the Returns Request in accordance with the policies as set out hereunder, depending on the nature of the Products or the Request raised by You, You are entitled to Replacement of the products or Refund which shall be completed at the discretion of the Studio.

For processing of Returns & Replacements, the following details will be checked by Us or our agents :

  • A Photograph of the products you wish to Return
  • The Original Products sold to You are returned unused, unaltered, undented, unscratched or otherwise damaged.
  • Original Packaging/ Box of the Products
  • Products tags, MRP label and any other product ancillaries are undetached from the products and are returned as-is

In case we deem that there are quality issues with the products that are requested to be returned by you, we or our agents reserve the right to reject the return request and not accept Returns of the Products.

There may be cases where Tooffi is either unable to accept your Order or cancels the Order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Tooffi, the seller or PDP. In such cases, Tooffi shall not charge a cancellation charge from you. If the Order is cancelled after payment has been charged and you are eligible for a refund of the Order value or any part thereof, the said amount will be reversed to you.

The prices reflected on the Platform, including packaging, are determined solely by the Merchant and are listed based on Merchant's information. On rare occasions, prices may change at the time of placing Order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.
In order to continually improve and provide you/ Buyer with a seamless experience we need to ensure maintenance and upkeep of our application/platform. For such upkeep and maintenance, we may, charge a nominal non-refundable amount from you/Buyer as 'platform fees inclusive of applicable taxes'.

Disclaimer: Prices on any products as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel Buyer's Order(s). The Merchant shall be solely responsible for any warranty/ guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of Tooffi. The transactions are bilateral between the Merchant and Buyer, and between Merchant/Buyer and PDP, therefore, Tooffi is not liable to charge or deposit any taxes applicable on such transactions.

We reserve the right to cancel or modify an Order where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the Order contains or resulted from a mistake or error. In addition, we reserve the right to report any fraudulent or inappropriate conduct to appropriate authorities at our discretion.

In case the Tooffi agrees to the cancellation, any amounts paid by You for the purchase of the Products will be refunded to you in accordance with the Refund Policy.

23. CONTACT US

If you have any questions concerning the Terms and Conditions you may contact us on info@tooffi.com.

24. PRIVACY POLICY

To see what data we collect and how we use or store or share such data, please refer to the detailed privacy policy here.

25. CONSENT FOR RECEIPT OF PHONE CALLS, SMSS AND/OR E-MAILS

Your registration on the Platform shall be deemed to be your consent to be contacted by Tooffi, (i) on the mobile number shared by you (ii) by way of SMS or email notifications or messages in any other electronic form.

26. SURVIVAL

The obligations under the provisions of section 12, 14, 16 and 20 will survive any expiration or termination of this Terms and Conditions.