Terms of use

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems or any visitor to this Web site browsing the site without any sort of registration with us.

The term "we", "us", "our" shall mean Toutche. Your use of the Website, services, products and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website.

If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with Toutche, and subject to these terms and conditions.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on account of the Cardholder having exceeded the preset limits from time to time or due to any technical or non-technical reasons.

Use of the Toutche Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Toutche Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Toutche and shall not transact or use Toutche website. As a minor if you wish to use or transact on Toutche, such use or transaction may be made by your legal guardian or parents who have registered as users of the Toutche. Toutche reserves the right to terminate your membership and refuse to provide you with access to the Toutche if it is brought to Toutche’s notice or if it is discovered that you are under the age of 18 years.

If you use the Website, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.

When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

There is no charge or fee for browsing the Website. However, we reserve the right to charge fee and change its policies from time to time. In particular, we may at our sole discretion introduce new services and products and modify some or all of the existing services and products offered on the Website. In such an event we reserve, without notice to you, the right to introduce fees for the new services and products offered or amend/introduce fees for existing services and products, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.

While availing any of the payment method/s available on the Website, we 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 limits, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s.

For certain transactions we are tied with third party vendors. Toutche should not be held responsible for any delay, pricing or cancellation of any transaction, which is dependent on third party.

We will try to deliver our services and products in the specified time period. Toutche will not be held responsible in case of delays due to unforeseen and unavoidable circumstances.

All services / items purchased on the Website are made pursuant to terms of purchase. This means that the risk of loss and title for such items pass onto you as per the said shipment terms.

We reserve the right to cancel any order at our sole discretion, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with our policy or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.

We shall publish Refund Policy from time to time as part of these terms and conditions. You hereby agree that such Refund Terms will be binding on you.

We try to be as accurate as possible. However, we do not warrant that the descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned and controlled or licensed by us, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

Toutche does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, we assume no responsibility for examining or evaluating the products and services offered by them. We do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We never endorses, in any way, any third party website(s) or content thereof.

We may provide links to third party websites. Any use of the third party links from our website is the sole responsibility of the User and Toutche will not be held liable in any circumstances for any problem/situation arising out of the usages of this links.

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that: This Website will be constantly available, or available at all; or The information on this Website is complete, true, accurate or non-misleading. We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.

You shall indemnify and hold harmless Toutche, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India.