Applicability
This User Agreement along with Terms of Service (collectively, the “User Agreement”) forms the terms and conditions for the use of services and products of toolgine.com (hereinafter “TOOLGINE”).
Any person (“User”) who inquiries about or purchases any products or services of TOOLGINE through its websites, sales persons, offices, call centers, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement.
Both User and TOOLGINE are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the User Agreement.
“Terms of Service” available on TOOLGINE’s website details out terms & conditions applicable on various services or products facilitated by TOOLGINE.
Eligibility To Use
The User must possess the legal authority to enter into an agreement so as become a User and use the services of TOOLGINE.
Before using the Website, approaching any Sales Channels or procuring the services of TOOLGINE, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this User Agreement as a binding document that governs User’s dealings and transactions with TOOLGINE. If the User does not agree with any part of this Agreement, then the User must not avail TOOLGINE’s services and must not access or approach the Sales Channels of TOOLGINE.
All rights and liabilities of the User and TOOLGINE with respect to any services or product facilitated by TOOLGINE shall be restricted to the scope of this User Agreement.
Content
All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content (“Content”), are registered by TOOLGINE and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
User agrees to follow all instructions provided by TOOLGINE which will prescribe the way such User may use the Content.
There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of TOOLGINE, as may be applicable. TOOLGINE does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorised use of the Content, will be in violation of the applicable law.
TOOLGINE respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information;
clear identification of such copyrighted work that you claim has been infringed;
location of the material on the Website, including but not limited to the link of the infringing material;
The proof that the alleged copyrighted work is owned by you;
Contact information;
The aforesaid notices can be sent to TOOLGINE by email at admin@toolgine.com.
User Agreement
The website by the domain name “www.toolgine.com” (hereinafter collectively referred to as the “Platform”) are owned and managed by TOOLGINE
Any and all use of this Platform is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions (Terms”). It is mandatory for all users of the Platform to have read carefully, fully understand and be in total agreement to the below mentioned Terms before they proceed to use any of the services of the Platform (“Services”). The Services are available only to those individuals, firms or companies who can form legally binding contracts under the Indian laws. If you are a minor i.e. under the age of 18 years, you may use the Services only with the involvement of a parent or guardian. Your use of the Platform is governed by the following terms and conditions.
TOOLGINE is the provider of online B2B marketplace e-commerce service, where branded products are displayed online by the various registered sellers for sale and You can purchase the same, subject to these T&Cs.
Amendment To User(s) Agreement
Toolgine may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If You do not adhere to the changes, You must stop using the Platform. Your continuous use of the Platform will signify Your acceptance of the changed terms.
User(s) Eligibility
User(s) means any individual or business entity/organisation that legally operates in India, uses and has the right to use the services provided by Platform. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law i.e. Indian Contract Act, 1872 As a minor if You wish to purchase or sell an item on the Platform such purchase or sale may be made by Your legal guardian or parents who have registered as users of the Platform. Toolgine advises its users that while accessing the Platform, they must follow/abide by the related laws, Toolgine is not responsible for the possible consequences caused by Your behaviour during use of Platform, Toolgine may, in its sole discretion, reserve the right to terminate Your membership and refuse to provide You with access to the Platform at any time.
We record buying and browsing activities of our users including but not limited to Your contact details and profiles and uses the same to provide value-added services to our users.
If You are registering as a business entity, You represent that You are duly authorised by the business entity to accept this User Agreement and You have the authority to bind that business entity to this User Agreement.
Please note our Platform is also not a risks proof Platform.
Registration And Your Account
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in.
User(s) can become a Registered User(s) by filling an on-line registration form on the Platform by giving desired information (name, contact information. details of its business, etc.). Toolgine will establish an account (“Account”) for the user(s) upon registration and assign a user alias (“User ID”) and password (“Password”) for log-in access to Your Account. If You use the Platform as Registered User, You are responsible for maintaining the confidentiality of Your User ID and Password. You are responsible for maintaining the confidentiality of Your personal and non-personal information and for restricting access to Your computer, computer system and computer network, and You are responsible for all activities that occur under Your User ID and Password, email id and phone number as the case may be.
It is mandatory to submit any of the below mentioned document I relevant identification number:
Sales tax/ VAT registration/service to /excise duty registration (replaced by GST regime): or
License/registration certificate/membership certificate/registration under Shops and Establishment Act, issued by a Government Authority/Government Body/Local SO-Government Authority, reflecting that the entity person holding the license/ registration certificate/ membership certificate, as the case may be, is itself/ himself/herself engaged in a business involving commercial activity; or
Permits/license etc. for undertaking retail trade (like tehbazari and similar license for hawkers) from Government Authorities/Local Self Government Bodies; or
Certificate of incorporation or registration as a society or registration as public trust for self-consumption:
Further, in case You register on behalf of a business entity, You represent. that business entity and (a) You have the authority to bind the entity to terms and condition of use and/or this Agreement: (b) the address You use when registering is the principal place of business of such business entity: and (c) You use the Platform for business purposes only (d) all other information submitted to Toolgine during the registration process is true, accurate, current and complete
By becoming a Registered User, You consent to the inclusion of Your personal and non-personal data in our on-line database and authorize Toolgine to share such information with other user(s) Toolgine may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason, Toolgine may suspend or terminate a registered membership at any time without any prior notification in interest of Toolgine or general interest of its visitors /other members without giving any reason thereof.
You can access and update much of the information you provided us on the website. You agree and acknowledge that you will use your account on the website to purchase products only for business purposes and not for personal use.
Despite Your organisation’s contact number(s) are on Do Not Call Registry, You consent to be contacted by Toolgine through phone calls: SMS notifications or any other means of communication, in respect to the services provided by Toolgine.
You agree, inter alia, to: 1, Provide true, accurate, current and complete information about Yourself as prompted by Toolgine’s registration form or provided by You 2. Maintain and promptly update the personal and non-personal data to keep it true, accurate, current and complete. If You provide any information that is untrue. inaccurate, not current or incomplete or Toolgine has. reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or riot in accordance with the User Agreement, Toolgine has the right to indefinitely suspend or terminate or block access of Your membership with the Platform and refuse to provide You with access to the Platform.
Website
The Website is meant to be used by bonafide User(s) for a lawful use.
User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to Toolgine is true and accurate.
Toolgine reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
Toolgine will always make its best endeavours to ensure that the content on its websites or other sales channels are free of any virus or such other malware. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
Toolgine reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violate any applicable law to India. On receiving such report, Toolgine reserves the right to investigate and/or take such action as the Company may deem appropriate.
Cancellation
The right to cancel any order for any reason is reserved with Toolgine/seller of the goods. Possible reasons for cancellation include, but are not limited to the following-
Potentially fraudulent order – Before shipping the orders, a check is run to make sure such orders are legitimate. If the check fails, Your order may be cancelled.
Incorrect Pricing – Due to the volatile market for collectible product, there may be major fluctuations in price at times. Therefore, the seller reserves the right to remove any item from any order and provide a full refund to the customer to that item.
Non-Payment of Non-COD -orders – If payment is not received within a reasonable amount of time after the order has been placed, Your order may get cancelled without notice.
Non availability of the product – If the order is not serviceable by the seller due to non-availability of the product.
Non-serviceable address – If Your pin code is not serviced by any of the courier partners, your order will be cancelled.
Return Policy
Returns is a scheme provided by respective sellers directly in terms of which the option of exchange, replacement and/ or refund is offered by the respective sellers to You. All products listed under a particular category may not have the same returns policy. All returns are further subject to the terms, conditions and policies of our payment service providers.Please contact our office to discuss any return requests.
Alerts
By accepting these T&C-s, You accept that Toolgine may send the alerts to the mobile phone number/ email address provided by You at the time of registering at the Platform or to any such number/e-mail address replaced and it by You subsequently.
Consent
Content on the Platform is displayed on “AS IS” basis, in the form received from the Sellers. While Toolgine tries to offer reliable data, Toolgine cannot promise that the catalogs will always be accurate and up-to-date, and You agree that You will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in within the catalogs or create any derivative works based on catalog content.
Payment
While availing any of the payment method’s available on the Platform, Toolgine will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed between You and “Banks”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reasons
Before shipping I delivering Your order to You, Seller may request You to provide supporting documents (including but not limited to Govt.issued ID and address proof) to establish the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction Use of the payment facility shall not render Toolgine liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties non-provision of after sales or warranty services or fraud as regards the products. listed on Platform. In case the payment processing is done outside the Toolgine platform, the terms and conditions of the third party payment service provider shall become applicable for the purposes of processing of payments and any issues relating thereto.
You have specifically authorised Toolgine or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Toolgine is on a principal to principal basis and by accepting these Terms of Use You agree that Toolgine is an independent contractor for all purposes, and does not have control of or liability for the products that are listed on Platform that are paid for by using the Payment Facility. Toolgine does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
You understand, accept and agree that the payment facility provided by Toolgine is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payments, receiving payment through Cash on Delivery, collection and remittance facility for the transactions on the Platform using the existing’ authorised banking infrastructure and Credit Card payment gateway networks, Further, by providing Payment Facility, Toolgine is neither acting a trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Indemnification
The User agrees to indemnify, defend and hold harmless Toolgine, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and Toolgine cannot be held responsible for the same.