Thank you, for using Toolzy.
For your information: “M&K E - Commerce Private Limited”, is a company incorporated under the Companies Act,
2013 with its registered office at IX/2818, Ground Floor, Street no. 18, Kailash Nagar, Delhi - 110031,
(hereinafter referred as “We”/ “Toolzy”/ “Us”/ “Our”).
For abundant clarity, Toolzy and/ or the trademark "Toolzy" are neither related, linked or interconnected in
whatsoever manner or nature, to “GROFFR.COM” (which is a real estate services business operated by “Redstone
Consultancy Services Private Limited”).
The terms and conditions/ terms of use ("Terms") governing the Toolzy Platform (defined later) and the
Services (defined later) follow:
Acceptance of terms
-
These Terms are intended to make you aware of your legal rights and responsibilities with respect to
your access to and use of the Toolzy’s website www.mkecommerce.in ("Site") and/or any related mobile or
software applications (collectively referred to as, “Toolzy Platform”) including but not limited to
the
services offered by Toolzy via the Toolzy Platform or otherwise ("Services").
- Your use/ access of the Toolzy Platform shall be governed by these Terms and the Privacy Policy of
Toolzy as available at https://Toolzy.com/privacy (“Privacy
Policy”).
By accessing the Toolzy Platform
and/ or undertaking any sale-purchase transaction, you agree to be bound by the Terms including any
additional terms and conditions and policies referenced herein and/or available by hyperlink on the
Toolzy Platform and acknowledge that it constitutes an agreement between you and Toolzy. You may not
access the Toolzy Platform and use the Services if you do not accept the Terms or are unable to be
bound
by the Terms/ the Privacy Policy.
- These Terms may be updated from time to time by Toolzy without notice. It is therefore strongly
recommended that you review these Terms, as available on the Toolzy Platform, each time you access
and/or use the Toolzy Platform. In the event there is any conflict or inconsistency between these
Terms
and any other terms of use that appear on the Toolzy Platform, these Terms will prevail.
The terms ‘visitor(s)’, ‘user(s)’, ‘you’, ‘your’, ‘customer(s)’ hereunder refer to the person visiting,
accessing, viewing, browsing through and/or using the Toolzy Platform at any point in time.
Should you need any clarifications regarding the Terms, please do write to us at mkcommerceoffice@gmail.com
Services Overview Permissible Age
-
Toolzy Platform is a platform for users/ consumers to transact with sellers/ service providers
offering
products/services for sale/ supply through the Toolzy Platform. Products/ services may be listed or
offered for sale/ supply on the Toolzy Platform by Toolzy, its affiliates or third parties (“Third
Party
Sellers”) (such third party products/ services offered by Third Party Sellers shall hereinafter be
referred to as “Third Party Offerings”). For abundant clarity, with respect to the Third Party
Offerings, Toolzy does not provide any services to users other than providing the Toolzy Platform as
a
platform to transact at their own cost and risk, and other services as may be specifically notified
in
writing. Services on the Toolzy Platform are available to only select geographies in India.
- Toolzy is not and cannot be a party to any transaction between you and
the
Third Party Sellers (which shall be a bipartite arrangement between you and the Third Party Seller),
neither does Toolzy have any control or influence over the Third Party Offerings. Toolzy does not
make
any representation or warranties with respect to the Third Party Offerings, including relating to
quality, suitability, merchantability and fitness for any purpose nor does Toolzy implicitly or
explicitly support or endorse the sale/ supply or purchase of any such products/ services on the
Toolzy
Platform. Toolzy therefore disclaims all warranties and liabilities associated with any Third Party
Offerings on the Toolzy Platform.
Eligibility
- Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872
including minors, undischarged insolvent etc. are not eligible to use/access the Toolzy Platform.
However, if you are a minor, i.e. under the age of 18 years, you may use/access the Toolzy Platform
under the supervision of an adult parent or legal guardian “competent to contract” who agrees to be
bound by these Terms. You are however prohibited (even under supervision) from purchasing any
product(s) which is for adult consumption or the sale of which to minors is prohibited, including
any tobacco products.
- Toolzy Platform is intended to be a platform for end-consumers desirous of purchasing
product(s)/availing services for domestic / self-consumption. If you are a retailer, institution,
wholesaler or any other business to business user, you are not eligible to use the Toolzy Platform.
- In order to determine compliance with eligibility criteria, Toolzy uses inter alia algorithms and/or
pre-determined criteria-based technology and accordingly, from time to time, your usage may be
restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such
cases, if you are a genuine user of the Toolzy Platform, please contact us for assistance.
- If you are using the Toolzy Platform on behalf of any person/ entity, you represent and warrant that
you are authorized to accept these Terms on behalf of such person/ entity. Further, you and such
person/ entity agree to be jointly and severally liable for compliance and indemnify us for
violations of these Terms.
Account & Registration Obligations
- All users must register and log in for placing orders on the Toolzy Platform. You must keep your
account and registration details current and correct for all communications related to your
purchases from the Toolzy Platform. By agreeing to the Terms, you agree to receive promotional,
transactional or other communications, and newsletters from Toolzy and its group companies/
affiliates. You can opt out from such communications and/or newsletters by using the opt out options
as available in such communications. You can also change your notification preferences as available
in your profile section of Toolzy Platform.
- When you access and use the Toolzy Platform, Toolzy may collect your personally identifiable
information, including but not limited to name, email address, age, address, mobile phone number,
and other contact details, demographic profile (like your age, gender, occupation, education,
address etc.) preferences and information about the pages on the Toolzy Platform you visit/access,
the links you click on the Toolzy Platform, the number of times you access a particular
page/feature. We may also collect information pertaining to the transactions you undertake on the
Toolzy Platform including financial information, and any other such information as may be required
to provide you with services and to administer the Toolzy Platform. Personal data and identifiable
Information so collected will be subject to Toolzy’s Privacy Policy.
- By registering your mobile number with us, you provide your consent to be contacted by us or through
a third party service provider via phone calls, SMS notifications, mobile applications and/or any
other electronic mode of communication in case of any order or shipment or delivery or customer
support related updates or for other correspondence as may be required in due course of provision of
our Services.
Limited Licence & Access
- Subject to the provisions set out in these Terms, Toolzy grants you a personal, limited,
non-exclusive, non-transferable and revocable license to access (for personal use only) the Toolzy
Platform and avail the Services, only as expressly permitted in these Terms in a lawful manner.
Provided that you shall not download (other than page caching) or modify any portion thereof, except
with express prior written consent of Toolzy. Such limited license does not include/permit any
resale or commercial use of the Toolzy Platform or its contents; any collection, use or derivative
use of the Toolzy Platform, its contents, any product listings, descriptions, or prices; any
downloading or copying of information for the benefit of another third party; or any use of data
mining, robots, or similar data gathering and extraction tools.
- You hereby agree and undertake not to use, create, host, display, upload, modify, publish, transmit,
update or share any information/ content/ Comments/ message/ language/ document/ Synthetically
Generated Information (including pursuant to gifting services/ printing services/ orders to be
delivered to someone else-third party recipients/ messages to be delivered along with the order)
(whether in writing or otherwise while communicating on the Toolzy Platform including but not
limited to communicating with our support agents or delivery partners/ service providers, through
any medium) which (“Prohibited Content”):
- Are in violation of these Terms.
- Belongs to another person and to which you do not have any right or full rights;
- Is harmful, threatening, abusive including child sexual abuse material, indecent,
discriminatory, tortious, vulgar, profane, harassing, blasphemous, defamatory, problematic,
obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, non-consensual
intimate imagery, hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise offensive, objectionable, menacing,
inappropriate or unlawful in any manner whatever;
- Contains material that violates the standards of the Services;
- Accuses others of illegal activity, or describes physical confrontations;
- Attempts to impersonate another person or entity and/or falsely depicts or portrays a real
person or event in a manner likely to deceive others about their identity, actions, or
statements;
- Disguises or attempts to disguise the origin of your messages, content, including but not
limited to by: (a) submitting your content under a false name or false pretences; or (b)
disguising or attempting to disguise the IP address from which your content is submitted;
- Harms minors in any way;
- Infringes any patent, trademark, copyright or another proprietary/intellectual property right;
- Violates any applicable law including the Bharatiya Nyaya Sanhita, 2023, Protection of Children
from Sexual Offences Act, 2012 and/ or may result in a civil/ criminal liability;
- Contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, 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 any other nation;
- Is misleading or known to be false in any way; and/ or
- Constitutes an inauthentic or knowingly erroneous review;
- Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of
interest;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes,
postings or reviews submitted or removed in exchange for payment, postings or reviews submitted
or removed by or at the request of the business being reviewed, or other advertising materials.
- Asserts or implies that Comments are in any way sponsored or endorsed by Us;
- Interferes with, disrupts, or destroys the functionality or use of any features of the Services
or the servers or networks connected to the Services;
- Hacks or accesses without permission our proprietary or confidential records, records of
another User(s), or those of anyone else;
- Violates any contract or fiduciary relationship (for example, by disclosing proprietary or
confidential information of your employer or client in breach of any employment, consulting, or
non-disclosure agreement);
- Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from
the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features,
or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses
or circumvents other measures employed to prevent or limit access to the Services;
- Collects, discloses, accesses, or stores personal information about other persons/ Customers of
the Services;
- Is posted by a bot;
- Results in the creation of a false document or electronic record;
- Attempts to do any of the foregoing.
- You acknowledge that Toolzy has no obligation to monitor your – or anyone else's – access to or use
of the Services for violations of the Terms, or to review or edit any content. However, we have the
right to do so for the purpose of operating and improving the Services (including without limitation
for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your
compliance with the Terms and to comply with applicable law or the order or requirement of legal
process, a court, consent decree, administrative agency or other governmental body.
- Any and all liability arising out of or relating to violation of these Terms including in relation
to the aforesaid information/ content/ message is your sole and absolute responsibility, and not of
Toolzy.
- Toolzy Platform or any portion of the Toolzy Platform may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without express prior
written consent of Toolzy.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of the Toolzy Platform or of
Toolzy and/or its group companies/ affiliates without the express prior written consent of Toolzy.
- You may not use any meta tags or any other “hidden text” utilizing Toolzy’s name or trademarks
without the express prior written consent of Toolzy.
- You shall not attempt to gain unauthorized access to any portion or feature of the Toolzy Platform,
or any other systems or networks connected to the Toolzy Platform or to any server, computer,
network, or to any of the services offered on or through the Toolzy Platform, by hacking, ‘password
mining’ or any other illegitimate means.
- Any unauthorized use shall automatically terminate the permission or license granted by Toolzy
determined at Toolzy’s sole discretion.
Advertising
- Part of the website may contain advertising information or promotional material or other material
submitted to Toolzy by third parties (including brands) or customers. Responsibility for ensuring
that material submitted for inclusion on the Toolzy Platform complies with applicable international
and national law is exclusively on the party providing the information/material. Your correspondence
or business dealings with, or participation in promotions of, advertisers (other than Toolzy) found
on or through the Toolzy Platform, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with such dealings, shall be
solely between you and such advertiser. Toolzy will not be responsible or liable for any error or
omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result
of any such dealings or as a result of the presence of such other advertiser(s) on the Toolzy
Platform.
- For any information related to a charitable campaign ("Charitable Campaign") sent to customers
and/or displayed on the Toolzy Platform where customers have an option to donate money by way of (a)
payment on a third party website; or (b) depositing funds to a third party bank account, Toolzy is
not involved in any manner in the collection or utilization of funds collected pursuant to the
Charitable Campaign. For Charitable Campaigns where the customers have an option to contribute via
the Toolzy Platform, Toolzy operates purely as a technology platform facilitating collection of
contributions on behalf of the charitable organization. Toolzy is not involved in any manner in the
collection (except acting as a facilitator) or utilization of funds collected pursuant to the any
Charitable Campaign. Toolzy does not accept any responsibility or liability for the accuracy,
completeness, legality or reliability of any information related to the Charitable Campaign.
Information related to the Charitable Campaign is displayed for informational purposes only and the
customers are advised to do an independent verification, including accepting the terms and
conditions of the relevant charitable organization, before taking any action in this regard. Any
such contribution is purely voluntary. The relevant charitable organization shall be solely
responsible for ass aspects of the contribution, including issuance of contribution certificates, if
any.
- As part of the advertising/ marketing/ visibility campaigns, third parties including brands/
advertisers / sponsors may run banners/ sampling schemes/ contests/ flyers/ freebies distribution/
other such promotional campaigns on/ via the Toolzy Platform/ Toolzy. Notwithstanding anything to
the contrary, You agree that to the fullest extent permitted under law, Toolzy shall not have any
liability in relation to such campaigns (including contests/ contest rewards), which shall be a
bipartite arrangement between you and the third parties, including with respect to fulfillment of
obligations as specified there under. Participation in such campaigns, accessing any embedded third
party link, scanning codes and/ or availing services pursuant to such campaigns shall be at your own
risk and additionally, be governed by the terms and conditions of the campaigns and of the relevant
third parties. Toolzy makes no representation or warranty of any kind, either express or implied,
with respect to such campaigns (including contest / contest rewards). The third parties shall be
solely responsible for fulfillment thereto.
Disclaimers
- You acknowledge and agree that the Toolzy Platform and the Services are provided "as is" and "as
available" and that your use of the Toolzy Platform and the Services shall be at your sole risk. To
the fullest extent permitted by applicable law, Toolzy, its group companies, affiliates, and their
respective directors, employees, officers, agents and representatives (“Toolzy Parties”) disclaim
all warranties, express or implied, in connection with the Toolzy Platform and the Services and your
use of them. To the fullest extent permitted by applicable law, Toolzy make no warranties or
representations that the Toolzy Platform and the Services have been and will be provided with
accuracy or completeness of the content and assume no responsibility for any (i) errors, mistakes,
or inaccuracies of content on the Toolzy Platform or the Services, (ii) personal injury or property
damage, of any nature whatsoever, resulting from your access to and use of the the Toolzy Platform
and the Services, (iii) any unauthorized access to or use of Toolzy servers and/or any and all
personal information stored therein, (iv) any interruption or cessation of transmission to or from
the Toolzy Platform, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to
or through the the Toolzy Platform or through the actions of any third party, (vi) any loss of your
data or content from the Toolzy Platform and/or (vii) any errors or omissions in any content or for
any loss or damage of any kind incurred as a result of the use of any content posted, emailed,
transmitted, or otherwise made available via the the Toolzy Platform. Any material downloaded or
otherwise obtained through the use of the Toolzy Platform is done at your own discretion and risk
and you will be solely responsible for any damage to your computer system or other device or loss of
data that results from the download of any such material. The Toolzy Parties will not be a party to
or in any way be responsible for monitoring any transaction between you and third party providers of
products or services/ Third Party Sellers. You are solely responsible for all of your communications
and interactions with other customers of the Services and the Toolzy Platform and with other persons
with whom you communicate or interact as a result of your use of the Services and the Toolzy
Platform. No advice or information, whether oral or written, obtained by you from Toolzy or through
or from the Services and the Toolzy Platform shall create any warranty, if not expressly stated in
the terms. Unless you have been expressly authorized to do so in writing by Toolzy, you agree that
in using the Services and the Toolzy Platform, you will not use any trade mark, service mark, trade
name, logo of any company or organization in a way that is likely or intended to cause confusion
about the owner or authorized user of such marks, names or logos.
- You acknowledge and undertake that you are using your best and prudent judgement before entering
into any transactions. Toolzy makes best efforts to display available products, including in respect
of their colour, size, shape and appearance, as accurately as possible. However, as the same are
representative, the actual color, size, shape and appearance may have variations from the depiction
on your mobile/computer/ display screen.
- To the fullest extent permissible under applicable law, Toolzy does not make any representation or
warranties in respect of the products/ services (including digital goods) available on the Toolzy
Platform nor does Toolzy implicitly or explicitly support or endorse the sale or purchase of any
such products/ services on the Toolzy Platform, including relating to availability, usability,
redemption or acceptance of such products on any other platform. Toolzy accepts no liability for any
error, inaccuracy or omission of third parties or for information/inputs received from third parties
and provided to you through the Toolzy Platform or otherwise. To clarify, the terms and conditions
of the Third-Party Sellers/ issuer/ brand of products (including digital goods such as software/
gift cards/ vouchers) shall apply to you in addition to these Terms. Toolzy does not have any
control over the merchantability and fitness of any product/ service for a particular purpose and is
not responsible for damages or delays on account of products which are out of stock or unavailable.
Toolzy makes no warranties or covenants, on behalf of any third party.
Delivery Partners
- We facilitate delivery of orders placed on the Toolzy Platform through independent contractors,
i.e. delivery partners, on a principal-to-principal basis. For abundant clarity, the delivery
partners are neither employees nor agents of Toolzy/ its affiliates/Third Party Sellers, and they
are purely associated with Toolzy/ its affiliates/ Third Party Sellers as independent service
providers on a principal-to-principal basis and are not exclusively bound by Toolzy/its affiliates/
Third Party Sellers to provide delivery services at any given point. To clarify, there exists no
principal – agent relation between Toolzy/ its affiliates/ Third Party Sellers and the delivery
partner, and as such, Toolzy /its affiliates/ Third Party Sellers, in no case whatsoever, can be
held liable for the act(s)/ omission(s) of the delivery partner.
- You are expected to respect the dignity and diversity of delivery partners and also enable
provision of a secure and fearless gig/ platform work environment for the delivery partners
including prevention and deterrence of harassment (including sexual harassment) towards delivery
partners. We reserve the right to withhold your access to the Toolzy Platform and otherwise limit
your access to the Toolzy Platform at our absolute discretion if you behave with a delivery partner
in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be
inappropriate or unlawful. You are expected to treat all delivery partners with courtesy and
respect. The consequences of any such inappropriate action of yours, including claims made/
compensation claimed by any delivery partner, shall be to your account entirely.
Customer Comments, Reviews, Ratings
"Comments" will include (but is not limited to) reviews, feedback, images, photos, audio, video,
location data, nearby places, and all other forms of information including any ‘Synthetically Generated
Information’ (which inter-alia includes any audio, video, or images artificially created or altered to
appear real) or data, your comments, content that you upload, share or transmit to, in connection with
the Services/ goods/ services, such as likes, ratings, messages, chat communication, profile
information, or any other materials that you share over the Toolzy Platform or otherwise, publicly
display or displayed in your account profile. All Comments shared, disclosed, submitted, published or
offered on the Toolzy Platform or otherwise disclosed, published, submitted or offered in connection
with use of the Toolzy Platform/Services shall be and remain the property of Toolzy. In consideration of
availing the Services on the Toolzy Platform and by submitting your Comments, you hereby irrevocably
grant the Toolzy Parties a perpetual, irrevocable, world-wide, non-exclusive, fully paid and
royalty-free, assignable, sub-licensable and transferable license and right to use/ publish/ display the
Comments and all intellectual property rights therein for any purpose including advertisements and
marketing. By "use" we mean use, copy, display, distribute, translate, reformat, publish, share,
incorporate into advertisements/ marketing and other works, analyze, promote, commercialize, create
derivative works, and in the case of third party services, allow users and others to do the same. You
grant us the right to use the name or username that you submit in connection with Comment(s). You
irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with
respect to Comments brought against Toolzy or its Customers, any third party services and their users.
- In case you are uploading audio/ videos/ photos/ images as part of the Comments, you shall at all
times ensure the following:
- It should be clear and focused, relevant to the product/ service which is being reviewed and
clicked directly by you.
- It should not contain any Prohibited Content / any promotional content.
- Toolzy will be entitled to use, reproduce, disclose, adapt, create derivative works from any
Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever
without restriction. Toolzy is and shall be under no obligation to: (a) maintain any Comments in
confidence; or (b) pay compensation for any Comments or use of any Comments; or (c) respond to any
Comments. You agree that any Comments will not violate the Terms or any right of any third party,
including copyright, trademark, privacy or other personal or proprietary right(s), and will not
cause injury to any person or entity.
- You hereby confirm that you will be solely responsible for your Comments and hereby confirm that
your Comments does not contain any personal, confidential, secretive or any proprietary information
of yourself or of any third party. You further agree that no Comments will be or contain libellous
or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. You
agree not to upload and/ or submit any Comments that fall within the parameters of Prohibited
Content. Toolzy reserves the right to monitor, not publish, and/or remove any Comments submitted on
the Toolzy Platform. You hereby grant Toolzy the right to use names that you submit in connection
with any Comments along with the Comments with no obligation of confidentiality with respect to such
Comments. Toolzy shall be free to use the Comments on an unrestricted basis. You agree not to use a
false email address, impersonate any person or entity, or otherwise mislead as to the origin of any
Comments you submit. You are, and shall remain, responsible for the content of any Comments you make
and you agree to indemnify the Toolzy Parties against all claims, loss and liabilities resulting
from any Comments you submit.
- You agree and confirm that you are the sole author of, own, or otherwise control all of the rights
of your Comments or have been granted explicit permission from the rights holder to submit the
Comments, the Comments are not copied from or based in whole or in part on any other content, work,
or website neither is your Comment submitted via the use of any automated process such as a script
bot, use of your Comment(s) by us, third party services, and our and any third party users will not
violate or infringe any rights of yours or any third party; Your Comment is truthful and accurate;
and your Comment does not violate the or any applicable laws. In addition to the abovementioned, if
your Comment(s) is a review, the same reflects an actual experience that you had.
- You hereby confirm that you were not paid or otherwise remunerated in connection with your
authoring or posting of the Comment and neither you had no financial, competitive, or other personal
incentive to author or post a Comment that was not a fair expression of your honest opinion.
- You assume all risks associated with your Comment, including anyone's reliance on its quality,
accuracy, or reliability, or any disclosure by you of information in your Comment that makes you
personally identifiable. While we reserve the right to remove Comment(s), we do not control actions
or reviews posted by our customer(s) and do not guarantee the accuracy, integrity or quality of any
Comment/ content. You acknowledge and agree that Comment posted by customer(s) and any and all
liability arising from such content is the sole responsibility of the customer(s) who posted the
Comment/ content, and not Toolzy.
- We reserve the right, at any time and without prior notice, to remove, block, or disable access to
any Comment or content that we, for any reason or no reason, consider to be objectionable, in
violation of the Terms or otherwise harmful to the Services or our Customers. Subject to the
requirements of applicable law, we are not obligated to return any of Your Comment or content to you
under any circumstances.
- While We reserve the right to remove Comments, We do not control actions or Comments posted by you
and do not guarantee the accuracy, integrity or quality of Comments. You acknowledge and agree that
Comments posted by customer(s) and any and all liability arising from such Comments is the sole
responsibility of the customer(s) who posted the content, and not Toolzy.
- Third party content, including content posted by customer(s)/ Comments, does not reflect the view/
opinion of Toolzy. We assume no responsibility or liability for any of your content/ Comment or any
third party content. Any reliance placed on the Comments from a third party/ other users shall be at
your sole risk and expense. Toolzy receives multiple reviews or ratings for products/ services/
sellers by Customers, which reflect the opinions of the Customers. It is pertinent to state that
each and every review posted on Toolzy is the personal opinion of the Customer/reviewer only. The
advertisements published on the Toolzy Platform are independent of the reviews received by such
advertisers.
- We are a neutral platform and we don't arbitrate disputes between Third Party Sellers and the
reviewers, however in case if someone writes a review that the Third Party Sellers does not consider
to be true, the best option for the Third Party Sellers representative would be to contact the
reviewer or post a public response in order to clear up any misunderstandings. If the Third Party
Sellers believes that any particular Customer's review violates any of Toolzy’s policies, the Third
Party Sellers may write to us at mkcommerceoffice@Toolzy.com and bring such violation to our
attention. Toolzy may remove the review in its sole discretion if review is in violation of the
Terms, or otherwise harmful to the Services.
Customer Feedback
- If you share or send any ideas, suggestions, changes or documents regarding Toolzy’s existing
business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive
or proprietary information of third parties, (ii) Toolzy is under no obligation of confidentiality
with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii)
Toolzy may have already received similar Feedback from some other customer(s) or it may be under
consideration or in development, and (iv) By providing the Feedback, you grant us a binding,
non-exclusive, royalty-free, perpetual, global license to use, develop, publish, distribute and
sublicense the Feedback, and you irrevocably waive, against Toolzy and its Customers any
claims/assertions, whatsoever of any nature, with regard to such Feedback.
- Please provide only specific Feedback on Toolzy's existing products; do not include any ideas that
Toolzy's policy will not permit it to accept or consider.
- Notwithstanding the abovementioned clause, Toolzy or any of its employees do not accept or consider
unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved
products or technologies, product enhancements, processes, materials, marketing plans or new product
names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other
works ("Submissions") in any form to Toolzy or any of its employees.
- The purpose of this policy is to avoid potential misunderstandings or disputes when Toolzy's
products or marketing strategies might seem similar to ideas submitted to Toolzy. If, despite our
request to not send us your ideas, you still submit them, then regardless of what your letter says,
the following terms shall apply to your Submissions.
- You agree that: (1) your Submissions and their contents will automatically become the property of
Toolzy, without any compensation to you; (2) Toolzy may use or redistribute the Submissions and
their contents for any purpose and in any way; (3) there is no obligation for Toolzy to review the
Submission; and (4) there is no obligation to keep any Submissions confidential.
Intellectual Property
- Toolzy/ brand /Third Party Sellers/ partners (as the case may be) expressly reserve all
intellectual property rights in all text, programs, products, processes, technology, images, content
and other materials which appear on the Toolzy Platform (“Intellectual Property”). Access to or use
of the Toolzy Platform does not confer and should not be considered as conferring upon anyone any
license, sub-license to any Intellectual Property. All rights, including copyright, in and to the
Toolzy Platform are owned by or licensed to Toolzy. Any use of the Toolzy Platform or Intellectual
Property or its contents, including copying or storing it or them in whole or part is prohibited
without the express prior written consent of Toolzy.
- You may not modify, distribute or re-post anything on/ from the Toolzy Platform for any purpose.
The names and logos and all related product and service names, design marks and slogans are the
trademarks/service marks of Toolzy, its group companies/ affiliates, brand/ its partners or
sellers/suppliers/service providers. All other marks are the property of their respective owners. No
trademark or service mark license is granted in connection with the materials contained on the
Toolzy Platform. Access to or use of the Toolzy Platform does not authorize anyone to use any name,
logo or mark in any manner. References on the Toolzy Platform to any names, marks, products or
services of third parties or hypertext links to third party sites or information are provided solely
as a convenience to you after having express consent from third parties and do not in any way
constitute or imply Toolzy’s endorsement, sponsorship or recommendation of the third party, the
information, its product or services.
- Toolzy Platform may display third party content (including embedded content) or links to third
party web pages, content, applications, products and services, including advertisements and
promotions (collectively, “Third Party Content”) as a service to those interested in this
information. We do not control, endorse, adopt, screen or investigate any Third Party Content,
including that the inclusion of any link does not imply affiliation, endorsement or adoption by
Toolzy of any site or any information contained therein, and can make no guarantee as to its
accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any
manner for any Third Party Content and undertake no responsibility to update or review such Third
Party Content.
- Toolzy is not responsible for the content of any third party sites and does not make any
representations regarding the content or accuracy of material on such sites. If you decide to access
a link of any third party website and/ or avail any service pursuant to the same, you do so entirely
at your own risk and expense.
Report Intellectual Property Rights Infringement
- Toolzy respects the intellectual property(ies) of other entities. If you believe that your
intellectual property rights have been violated/used in any manner which results in infringement,
then please inform us at mkcommerceoffice@Toolzy.com.
- We will evaluate the contents of your notice and will respond within a reasonable period of time.
We may take such action as we deem appropriate in keeping with applicable law and our policies, we
may also reach out to you for additional details. It may be noted that reporting inaccurate, false
or misleading information to Toolzy may result in civil and/or criminal liability.
- You agree to indemnify Toolzy for all claims brought by a third party(ies) against Toolzy arising
out of or in connection with the submission of your email.
Privacy Policy
Toolzy respects your privacy and values the trust you place in it. Toolzy’s ‘Privacy Policy’ https://Toolzy.com/privacy details the manner in which
information relating to you is collected, used and disclosed. Customers are advised to read and
understand our Privacy Policy carefully, as by accessing the Toolzy Platform you agree to be bound by
the terms and conditions of the Privacy Policy and consent to the collection, storage and use of
information relating to you as provided herein.
Our Privacy Policy shall be deemed to have been incorporated into these Terms by reference, and is
subject to change from time to time.
Information Disclosure
- To protect against the loss, misuse and alteration of the information under its control, Toolzy has
in place appropriate physical, electronic and managerial procedures. Although Toolzy endeavours to
safeguard the confidentiality of your personally identifiable information, transmissions made by
means of the internet cannot be made fully secure. By using the Toolzy Platform, you agree that
Toolzy will have no liability for disclosure of your information due to errors in transmission
and/or unauthorized acts of third parties.
- Call Recording: All calls between you and us (including between you and the delivery partners/
service providers) (directly or indirectly through a third party) may be recorded by us or the third
party engaged by us. All such calls may be recorded including for internal training and quality
purposes by us and/or any third party appointed by us. You explicitly agree and permit Toolzy and
the third party engaged by Toolzy, to record all the calls with you and to share it with our
authorized personnel / delivery partners and relevant third parties for the purposes set out above.
- You also explicitly agree and permit Toolzy to share any data (including call recordings) related
to you with its group companies/ affiliates and/or the relevant third parties/ governmental/
regulatory authorities, if required under any law.
Misrepresentation
- Toolzy shall assume no responsibility for any communication not authorised by Toolzy with respect
to any offers, promotions, housefull sale, etc. This includes, but is not limited to, any fraud or
misrepresentation caused by any third party administrators resulting in loss or injury to the user.
Users are cautioned that Toolzy does not run any call centre, and does not make available for
communication any landline/mobile number/email ID/social media channel/any other electronic means to
its users, except as specifically set out in these Terms and to that end, you are cautioned against
unauthorised persons/ fraudsters and imposters claiming to be calling/ answering on Toolzy’s behalf.
In case any user wishes to communicate, the user may communicate at the following/email apart from
the faster In app Chat option: Email: mkcommerceoffice@Toolzy.com Attention: Mr. Aman Gupta
- Please note: Toolzy does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card
number either through call or mail or any other means, neither will Toolzy ask you to share any
sensitive data or information via email or telephone. If you receive any such request by email or
telephone, please do not respond/divulge any sensitive data or information. Please do not reveal
these details to fraudsters and imposters claiming to be calling on Toolzy’s behalf.
- Please report suspicious activities to mkcommerceoffice@Toolzy.com.
You Understand, Agree & Confirm
- That you shall be solely responsible for providing the correct delivery details, including recipient
name, address, contact details, etc. and making the payments against all orders placed through your
account, whether for delivery to your own address or someone else’s address. Toolzy shall not have
any liability/ obligation in this respect (including accepting any refund/ order cancellation
requests).
- That if any service/ product delivery is delayed or is returned from its destination (including as a
result of you providing incorrect name or address or other incorrect/misleading information or
recipient’s unavailability or refusal to accept the order at the time of delivery), Toolzy shall not
be liable for the same/ responsible to make re-delivery. Any costs incurred by Toolzy in this
respect shall be borne by you.
- That while Toolzy makes best endeavors to ensure that products/services are delivered to you within
the period reflected at the time of placing the order, Toolzy does not make any representation,
guarantee or warranty in relation to the delivery time as the estimated delivery time may be changed
without notice and there could be delays for reasons beyond the reasonable control of Toolzy such as
availability of third party delivery service providers, demand, traffic and weather conditions, a
force majeure event, the location provided by the customer(s), the customer(s) being unresponsive on
call, user’s building norms, delivery partner(s)/ service providers facing any on-ground challenges
(including any issues with their delivery vehicles, society providing entry to them without any
hassles or delays) etc.
- That the order will ordinarily be delivered when a person is able to receive the order at the
address provided by you. You shall be solely responsible for the products in case you direct the
delivery partner to leave the same at your doorstep and/or handover the same to any other person. In
such cases, you shall not claim any amount/refund from Toolzy in case of any loss/damage
to/deficiency in any products/Service. You expressly disclaim Toolzy from all the liabilities which
may arise by virtue of the order being left unattended for a period of time. This includes but is
not limited to theft, tampering, contamination, and the result of any change in temperature of the
products.
- That in case of cash on delivery orders placed through your account (whether for your own address or
some other/ someone else’s address), it shall be your sole responsibility and obligation to make the
cash amount payment/ ensure that such payment is made and further ensure that the same is accurate
(i.e. neither less nor additional cash amount is paid to the delivery partners/ service providers).
We shall not be liable for any discrepancy in this respect.
- That you will use the products/ services for lawful purposes only, and comply with all applicable
laws and regulations while using/accessing and transacting on the Toolzy Platform.
- That you will provide authentic and true information in all instances where any information is
requested of you. Toolzy reserves the right to confirm and validate the information and other
details provided by you at any point of time.
- That if at any time, the information provided by you is found to be false or inaccurate (wholly or
partly), Toolzy shall have the right in its sole discretion to reject registration, cancel all
orders, and debar you from using its Services and other affiliated services in the future without
any prior intimation whatsoever, and without any liability to you.
- That you are accessing the Toolzy Platform and transacting at your sole risk and are using your best
and prudent judgement before entering into any transaction through the Toolzy Platform.
- That transactions through the Toolzy Platform may be subject to delivery charges, handling charges,
convenience charges, platform charges, small cart charges, high demand surge charges, rain surge
charge, print charges, gift charges, or such other fees/charges as may be levied from time to time
(“Service Charges”)t. You shall be informed of such Service Charges prior to placing your order on
the Toolzy Platform at the stage of check-out. By placing the order, you agree to pay such amount.
Service Charges may vary from order to order, which may be determined on multiple factors such as
order/ cart value, distance, time of the day, time taken, demand for delivery, real time analysis of
traffic and weather conditions, seasonal peaks or such other parameters as may be determined from
time to time. Further, Toolzy may from time to time offer to the customers credits, discounts, promo
codes, vouchers or any other form of cashback that it may decide at its discretion. Toolzy reserves
the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it
may deem fit.
- Prices displayed on the platform for product combinations ("combos") are inclusive of all applicable
taxes in line with prevailing GST laws and rates. Each item within a combo is treated as an
independent supply unless explicitly stated otherwise. Please refer to your tax invoice for a
detailed item-wise breakdown, including individual item values, applicable discounts (if any), and
taxes.
- For every transaction on Toolzy Platform, you may receive one or more separate invoices for the sale
of products / supply of services / applicable service charges as may be allocated by Toolzy based on
the value of products in your cart provided the aggregate of all such service charges reflected
under multiple invoices shall not exceed the Service Charge as displayed on the Toolzy Platform at
the time of Order placement.
- > In case your cart contains product(s), required to be picked up from more than one store, the same
will not have any bearing on the Service Charges displayed on the cart and shall be allocated to
deliveries fulfilled from the nearest store.
- That before placing an order, you acknowledge to have checked and reviewed the product/ service
description carefully and in sufficient detail, and be bound by the conditions of sale/ supply
without exception.
- That by using the Toolzy Platform or any Services, you may encounter content that may be deemed by
some to be offensive, indecent, or objectionable, which content may or may not be identified as
such. You agree to use the Toolzy Platform and any Service at your sole risk and that to the fullest
extent permitted under applicable law, the Toolzy Parties shall have no liability to you for any
content that may be deemed offensive, indecent, or objectionable to you.
- Toolzy is constantly evolving in order to provide the best possible experience and information to
its customers. You acknowledge and agree that the form and nature of the Services which Toolzy
provides, may require affecting certain changes in it, therefore, Toolzy reserves the right to
suspend/cancel, or discontinue any or all products or services at any time without notice, make
modifications and alterations in any or all of its contents, products and services contained on the
Toolzy Platform without any prior notice.
- We, the software, or the software application store that makes the software available for download
may include functionality to automatically check for updates or upgrades to the software. Unless
your device, its settings, or computer software does not permit transmission or use of upgrades or
updates, you agree that we, or the applicable software or software application store, may provide
notice to you of the availability of such upgrades or updates and automatically push such upgrade or
update to your device or computer from time-to-time. You may be required to install certain upgrades
or updates to the software in order to continue to access or use the Services, or portions thereof
(including upgrades or updates designed to correct issues with the Services). Any updates or
upgrades provided to you by us under the Terms shall be considered part of the Services.
- In our effort to continuously improve the Toolzy Platform and Services, we undertake research and
conduct experiments from time to time on various aspects of the Services and offerings, including
our apps, websites, user interface and promotional campaigns. As a result of which, some customers
may experience features differently than others at any given time. This is for making the Toolzy
Platform better, more convenient and easy to use, improving customer experience, enhancing the
safety and security of our services and offerings and developing new services and features.
- That for any content and/or Comment you upload, you will accurately and truthfully declare whether
it is Synthetically Generated Information when prompted. In case you provide any false or misleading
declaration, it will be deemed to be a material breach of these Terms.
- That Toolzy reserves the right to:
- deploy technical measures to verify the accuracy of your declarations, and / or apply a
permanent label or audio disclosure to any content and/or Comment verified as Synthetically
Generated Information;
- immediately remove content and/or Comment or disable access and suspend or terminate your
account without prior notice for any violation;
- disclose your identity and user details to the complainant in cases where the complainant is a
victim (or acting on behalf of a victim) of unlawful Synthetically Generated Information created
or shared by you, as required by applicable law.
Taxes on your Order
In respect of the order placed by you on the Toolzy Platform, documents like order summary, tax invoices,
etc. as mandated per the applicable law and common business practices shall be issued. Your order may
have the following components and corresponding documents:
- Sale of goods - Tax invoice cum bill of supply issued by/ on behalf of the relevant seller.
- Supply of services - Tax invoice issued by / on behalf of the relevant service provider.
- In the event that the same person/entity supplies the goods and the services ("Bundled
Transaction"), (i) GST will be applied on the Bundled Transaction as a composite supply of goods and
services and the (ii) tax invoice cum bill of supply will be issued by/on behalf of such
person/entity.
MRP displayed on the platform is as printed on the product package. Actual MRP and amount payable may be
a function of offers/ discounts and/ or the revised GST rates made effective by Govt. from 22 Sep 2025
onwards
The above documents can be seen on the order summary page once the goods have been delivered to you.
You acknowledge and agree that entitlement to any GST benefits with respect to eligible
products/services purchased through Toolzy Platform shall be subject to the GST terms and conditions (in
addition to these Terms) and submission of valid GST number by you, as displayed and required at the
time of order placement on the Toolzy Platform. Not all products/ services are eligible for a GST
invoice. Such GST terms and conditions shall be deemed to have been incorporated into these Terms by
reference, and is subject to change from time to time.
Order Cancellation
- You acknowledge that (a) your cancellation, or attempted or purported cancellation of an order or
(b) cancellation due to reasons not attributable to Toolzy, shall amount to your breach of the Terms
and any such request shall be permitted subject to acceptance of the same by Toolzy. For any
permitted cancellations, we will initiate a refund, if any, against the relevant product/ order,
which may be in the form of promotional codes/ coupons which shall be available for use against a
subsequent invoice for transactions on the Toolzy Platform, in accordance with the specified terms,
if any, such as validity period.
- Orders may be cancelled by Toolzy in any of the following cases: (a) if it is suspected that a
customer has undertaken a fraudulent transaction, or (b) if it is suspected that a customer has
undertaken a transaction which does not conform to or violates these Terms, or (c) in case of
unavailability of product(s), or (d) for any reason outside the control of Toolzy, including
technical errors, causes for delivery-related logistical difficulties. For such cancellations,
Toolzy will initiate a refund, if any, against the relevant product/ order, within approximately 72
hours.
- Further, Toolzy aims to ensure that availability status, specifications and prices of all products
/ services offered for sale are true and correct. While precautions are taken to ensure accuracy
thereof, at times, the specifications / prices may not be current or may be inaccurate on account of
technical issues, typographical errors or incorrect product/service information provided to Toolzy
by Third-Party Sellers and in such an event, you shall be notified as soon as such error comes to
the notice of Toolzy. In each such case, notwithstanding anything to the contrary, Toolzy reserves
the right to cancel the order and initiate a refund, if any, against the relevant order/product in
the form of credit/ cashback/ coupon/ promotional codes for the value of the relevant product/ order
which shall be available for use against a subsequent invoice for transactions on the Toolzy
Platform, in accordance with the specified terms, if any, such as validity period.
- We reserve the right to deny access to non-complying users / users that appear to be involved in
fraudulent transactions at any time or cancel any orders placed by them in future.
Returns & Refunds
- Products once delivered/ services once fulfilled are non-returnable/ non-replaceable/
non-exchangeable/ non-refundable, save and except: (a) if the product is damaged, defective, expired
at the time of delivery or incorrectly delivered, and (b) if the return/ refund/ replace/ exchange
policy listed/ displayed with respect to the relevant product/ service expressly and specifically
permits the same under specified circumstances – if so, the return/ refund/ replacement/ exchange
requests shall be processed in accordance with the terms of the relevant policy, including the
specified timelines and conditions. You are requested to read the relevant policy of each product/
service as available on the Toolzy Platform before placing the order and further raising any request
for return/ exchange or refund. You will be required to share proof of the issue (including images/
video) before any resolution can be provided. No refunds will be permitted for products/ services
that could not be delivered/ fulfilled due to reasons attributable to the customers/ users including
incorrect location provided by the customer(s), the customer(s) being unresponsive on call, user’s
building norms/ society restrictions, etc.
- For digital goods (including gift cards/ vouchers), no return/ refund shall apply, and you are
required to connect with the relevant issuer/ sellers in case of any issues including but not
limited to, validity, usage restrictions and/ or redemption related issues. For any such issues,
please refer to the issuer/ sellers’ terms and conditions that apply to you in addition to these
Terms.
- All refunds for permitted returns and permitted cancellations will be processed within 7 working
days from the date of return/ cancellation approval of the product subject to satisfactory checks.
- Unless otherwise stated and/or as mutually agreed between Toolzy and the Customer, for payments
made through electronic means such as debit card, credit card, net banking, UPI, etc., refunds shall
be processed in the same manner as they are received or provided in the form of credit/ cashback/
coupon/ promotional code which shall be available for use against a subsequent invoice for
transactions on the Toolzy Platform, in accordance with the specified terms, if any, such as
validity period. Refund amount in the form of credits will reflect in your account based on
respective banks policies. Provided that, refunds, if any, for products purchased on cash on
delivery basis shall be refunded by way of promotional codes only which shall expire after 30 days
from the date of issuance. Users can opt-in for a promotional code refund for online payments as
well. Refunds cannot be transferred back to any other payment method once the credit/ cashback/
coupon/ promotional code is initiated. All other promotional codes issued shall expire within 7 days
from the date of its issuance.
- All refunds shall be made in Indian Rupees only.
Toolzy Cashback
- Cashback shall mean the grant of credit for the amount of eligible cashback, which shall be added
to and reflected on the user’s account, and shall in no event imply that the cashback shall be
credited to a user’s bank account or card account or refunded in cash at any time.
- Cashback will be either transactional or promotional. A user will be entitled to Cashback only as
specified by Toolzy.
- No Cashback shall be available for orders which are cancelled. Any Cashback offered may be
recovered by Toolzy, without notice to the user, in such cases. Any Cashback offered for orders for
which a refund claim is made, whether in part or in full, shall be adjusted to remove Cashback
attributable to the extent of the order refunded. This condition shall apply strictly and
notwithstanding the display of cashback on any specific item(s) listed on the Toolzy Platform as an
item specific cashback.
- Toolzy reserves the right to, without liability or prejudice to any of its other rights, at any
time, without previous notice and from time to time, withdraw/suspend / amend/cancel the Cashback
offers, and the terms applicable thereto.
- Any kind of transactional and/or promotional Cashback will reflect in a user’s Toolzy account
within approximately 24-48 hours; however, for some coupons it can take 7 working days from the
delivery of the order for the cashback to reflect. The validity period thereof shall be 90 days and
60 days for transactional and promotional Cashback respectively from the date of credit, unless a
different time period is specified by Toolzy.
- Toolzy does not in any manner endorse or support or promote, in any specific manner, the purchase
of products or undertaking of transactions inter alia which are subject to Cashback.
- Cashback and discount codes may not be applicable on certain products/ services, as may be
determined by Toolzy, from time to time.
EMI on Credit and Debit Cards
- The following terms and conditions (“EMI Terms”) will apply to all transactions made using equated
monthly instalments (“EMI”) facility on the Toolzy Platform and shall be in addition to and not in
substitution of or derogation to the other terms and conditions governing the use/access of the
Toolzy Platform. By opting for the EMI facility, customers (“You”) agree to be bound by these EMI
Terms.
- You may opt for EMI payment method on purchases of values acceptable to the issuing bank made on
the Toolzy Platform, subject to availability of EMI facility from your issuing bank.
- You agree and acknowledge that the EMI facility is not available on purchases made using UPI, net
banking, prepaid payment instruments, buy now pay later options or cash on delivery methods.
- You can combine multiple products from sellers or brands on the Toolzy Platform, into a single
purchase and convert such purchase into an EMI.
- You agree and acknowledge that the EMI facility is being offered by the respective issuing banks to
you and Toolzy has no role to play in the approval, extension, pricing (including any applicable
taxes), modification, pre-closure, closure, repayment or any matter incidental thereto pertaining to
offering of the EMI facility, which is decided at the sole discretion of the respective issuing
bank.
- You agree and acknowledge to be governed by the respective terms and conditions of the issuing bank
offering the EMI facility and you agree to contact such bank in case of any complaint, dispute or
enquiry about the EMI facility or any EMI transaction.
- On a best effort basis, Toolzy displays representative EMI related information for your purchase on
the Toolzy Platform as per the information shared with Toolzy by the respective issuing banks on an
"as is" basis. You agree and acknowledge that the issuing banks are the authoritative source of this
information and you agree that you shall directly contact the respective issuing bank for any
clarifications/questions on the EMI facility. You agree that Toolzy shall not be held accountable
for any dispute arising out of or in connection with the EMI facility being offered by the
respective issuing banks including but not limited to the authenticity and/or accuracy of the EMI
facility’s information supplied by such banks to Toolzy for displaying on the Toolzy Platform.
- In the event that you cancel an order before the issuing bank converts such purchase into an EMI,
you will be entitled to a full refund. However, in the event that you cancel the order after the EMI
has been created and processed by the issuing bank, the applicable fee of the respective issuing
bank as well as the relevant applicable taxes shall not be refunded back to you.
- You understand and confirm that you shall be liable to pay the total value of the order at the time
of payment in accordance with the terms applicable to the payment method, i.e., debit card or credit
card. Such amount shall be converted to EMI by your issuing bank in accordance with respective
internal policies.
- Toolzy does not charge you any processing or convenience fee for the purpose of facilitating the
EMI facility.
- You agree and acknowledge that Toolzy reserves the right to stop facilitating the EMI facility on
the Toolzy Platform without any prior notice and/or amend these EMI Terms at its discretion.
- Any issuing bank related particular terms and conditions shall be informed to you at the time of
availing the EMI facility by way of a push notification, hyperlink, SMS, email or any other written
format, either by Toolzy or the respective issuing bank.
- You acknowledge and agree that Toolzy shall merely facilitate the EMI options offered by banks and
shall not be responsible in any manner whatsoever for any aspects of the EMI including
restructuring, refund/return, foreclosure, etc.
No cost EMI on Credit Cards (“No Cost EMI Offer”)
- You understand that by availing this No Cost EMI Offer, you will get an upfront discount equal to
the EMI interest cost charged by the respective issuing bank, making it effectively no interest cost
EMI.
- You agree and acknowledge that all applicable taxes on interest and any other charges on the No
Cost EMI Offer will be levied by the respective issuing bank.
- You agree and acknowledge that the discount under this No Cost EMI Offer will be applicable only on
opting for 'No Cost EMI on Credit Card' option.
- You agree and acknowledge that the No Cost EMI Offer shall not be deemed as a waiver of the EMI
interest by the issuing banks.
- You agree and understand that this No Cost EMI Offer may not be available on all products listed on
the Toolzy Platform.
- You understand that the No Cost EMI Offer shall be applicable as per the directions and the
discretion of the issuing bank.
- You agree and acknowledge that Toolzy will have no obligation or liability in the event the
respective bank refuses or fails to process the No Cost EMI Offer for any reason whatsoever.
- You understand and acknowledge that in the event you fail to make timely payments of the EMI to the
issuing bank, there may be additional interests/penalty which may be levied by the respective bank
which may be higher than the discount offered under this No Cost EMI Offer. You further acknowledge
that Toolzy shall not be responsible or liable for any non-payment or delayed payment of the EMI by
you.
- You agree and acknowledge that in case of any kind of return/refund in the EMI facility, interest
already billed in a particular transaction will not be refundable to you under any circumstances
whatsoever.
- You agree and acknowledge that the respective bank may charge processing/cancellation charges as
per the bank’s policy. You agree to bear and pay all such charges.
- You agree and acknowledge that Toolzy reserves the right to modify or cancel this No Cost EMI Offer
at any time, including for reasons attributable to changes/modifications made by Third-Party Sellers
or brands extending such No Cost EMI Offer.
Promotional Terms
These additional terms apply to promotional campaigns live on the Toolzy Platform from time to time
(“Promo Offer”). Users who place orders on Toolzy and satisfy eligibility criteria set forth by Toolzy
or its collaboration partners for the specific promotional campaign shall be termed as “Eligible
Customer(s)”.
- Promo Offers shall run for the duration decided by Toolzy, at its sole discretion and may be
prematurely revoked without prior notice.
- If the Promo Offer is based on a minimum order value/specific to a product category, the Promo Offer
will stand cancelled if the products are returned by the Eligible Customer or for which refund is
given by Toolzy or if the order for such products are cancelled by the Eligible Customer. On or
after being provided the benefit/prize of the relevant Promo Offer and availing/redeeming the same,
the Eligible Customer acknowledges and agrees that the order placed on the Toolzy Platform cannot be
returned and/or refunded.
- Toolzy Parties shall not, in any way, be liable for the services provided by third parties upon
availing/redeeming the offer/voucher/prize.
- Eligible Customers hereby provide their consent to Toolzy to share the Eligible Customer’s contact
details (“Information”) with Toolzy’s authorized third parties for making the Promo Offer available
to such Eligible Customer. Such Information will be governed by the third party’s privacy policies
and you are encouraged to acquaint yourself with and agree to their policies before participating in
the Promo Offer.
- Eligible Customers may only avail the Promo Offer if account settings on the Toolzy Platform have
been set to India and the billing address is in India.
- Toolzy reserves the absolute right to or alter any of these terms at any time without prior notice.
- Promo Offer can neither be sold, transferred, encashed or exchanged for any other products nor
clubbed with any other Promo Offer.
- Toolzy accepts no liability, whether jointly or severally, for any errors or omissions of any third
party in relation to the Promo Offer.
- The voucher/prize/benefit details will be sent to the Eligible Customer via
e-mail/message/WhatsApp/in-app.
- Toolzy, in its sole discretion reserves the right to exclude any Eligible Customer from the Promo
Offer and/or to cancel all or part of the Promo Offer, without any liability on its part, if it
believes that the Eligible Customer has (a) breached any of these terms, additional promotional
activity terms and conditions, Toolzy Platform terms and conditions and/or Privacy Policy; (b) acted
or has the intention of acting in a dishonest or fraudulent manner, or in bad faith; (c) tampered
with the entry process or the operation of the Promo Offer; (d) acted in a disruptive manner.
- By participating in the Promo Offer, Eligible Customers will be deemed to have accepted these terms
along with specific promotional activity terms and conditions made available to the Eligible
Customer and expressly agree that: (a) Toolzy Parties will not be liable or responsible for any loss
or damage whatsoever that the Eligible Customer may suffer, directly or indirectly, in connection
with this Promo Offer, including for any theft, loss or misuse of the Promo Offer or the
Information; and (b) Toolzy will not mediate any disputes or differences between the Eligible
Customer and the third parties in relation to this Promo Offer.
Payment’s Facility and Related Information
- All the payments towards the orders and/or any services shall be compulsory in Indian Rupees only.
- The information with respect to the accepted payment methods on the Toolzy Platform shall be
displayed at the time of making payment for an order which may include but not limited to credit
card or debit card; net banking; UPI; cash on delivery or any other RBI approved payment mode as may
be reflected on the Toolzy Platform from time to time. Cash on delivery may not be permitted for
certain orders.
- To facilitate the payments, you acknowledge and agree that Toolzy may use certain third party
vendors and service providers, including payment gateways, to process payments and manage payment
card information. If you are directed to any third party payment processor, you will be subject to
terms and conditions governing use of that third party’s service and we shall have no liability
towards the same.
- With respect to the payment details provided by you to avail the payment facility, you represent,
warrant and covenant that you are legally entitled and/or authorized to provide such payment details
and make payments using such payment details. You shall be solely liable for the payments done
through payment details and you confirm that use of such payment details by you does not violate any
applicable law.
- The payment facility provided by Toolzy is neither a banking nor a financial service but is merely
a facilitator providing an electronic, automated online electronic payment system, and receiving
payment on orders placed at Toolzy Platform using the existing authorized banking infrastructure and
card payment gateway networks, as may be applicable.
- You agree and confirm that in respect to certain payment methods, the respective issuer may charge
you an additional fee i.e. transaction fees or other fees, for the purpose of processing your
payment transaction.
Order History
If you delete an order from your order history through your account on the Toolzy Platform, Your order
details will no longer be visible to/ accessible by you through your account. To clarify, for orders
placed for someone else, your action shall not impact visibility of the order details as accessible
through that person’s account, where the order details were available.
You understand that your action shall be irreversible and no support will be offered on such deleted
order(s) (whether to you or for orders placed for someone else, that other person) including complaints,
retrieval/ information/ invoice request, cancellation, return, replacement, or exchange. Order once
deleted will however remain present in Toolzy's records in accordance with the Privacy Policy and be
subject to our records retention policies and applicable law, including any statutory retention
requirements. Please note that there may be cases beyond the control of Toolzy where the deleted order/
order details may be traced/ be visible, for reasons such as:
- any interruptions, service or technology failure or problems in use of the internet and electronic
communications or other systems outside the control of Toolzy.
- order details still being available on your/ for orders placed for someone else, that person’s
email, messages or other modes of communication where the order details were available.
- any stakeholder (including third party or delivery partner) reaching out to you through the
information you choose to share with them directly.
- payment pertaining to such an order being available in bank statements.
International Users
“International Users” shall mean such users who have registered on the Toolzy Platform using a permitted
mobile number registered outside of India, and wish to avail the Services.
The following terms shall be in addition to and not in substitution of or derogation to the other terms
and conditions governing the use/access of Toolzy Platform. Provided that, in case of any inconsistency
between these terms and any of the other terms, these terms shall prevail with respect to International
Users, to the extent of such inconsistency.
- To place an order, you will be required to provide the recipient’s contact details, such as name,
phone number registered in India, address or any other information that may be reasonably required
to enable us to deliver the order. Deliveries are available to only select geographies in India.
- Certain features of the Toolzy Platform may not be available to International Users.
- Services may be available to International Users only for certain products/ services listed on the
Toolzy Platform. To clarify, not all products/ services may be available for sale and purchase to/
by
International Users.
- Usage of the Services shall be subject to these Terms and the Privacy Policy of Toolzy.
- The following payment methods shall be made available to you on the Toolzy Platform and be
displayed
at the time of making payment for an order - international cards and such other methods as may be
updated by Toolzy on the Toolzy Platform, from time to time. Cash on delivery may not be permitted.
For
certain payment methods and also for refund processing, additional charges may apply, including
foreign
currency conversion charges, which shall be borne by you.
Grievance Redressal Mechanism
For any order related issue, you may first reach out to us via chat support on the Toolzy Platform for
real time basis resolution.
In accordance with applicable law, including the Information Technology Act, 2000 and the Information
Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer
Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details
of the Grievance Officer and Nodal Officer who can be contacted for any complaints or concerns
pertaining to the Toolzy Platform, including those pertaining to breach of the Terms or any other
policies are published as under:
Details of the Grievance Officer: Aman Gupta
M&K E - Commerce Private Limited
IX/2818, Street no. 18, Kailash Nagar, Delhi – 110031
Email: mkcommerceoffice@gmail.com
Time: Monday - Friday (09:00 hours to 18:00 hours)
Indemnity
Notwithstanding anything to the contrary, You agree to indemnify, defend, and hold harmless the Toolzy
Parties from and against any third party claims, damages (actual and/or consequential), actions,
proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered
or reasonably incurred by them arising as a result of, or in connection with: (a) Your Comment and/ or
content, (b) your unauthorized use of the Toolzy Platform/ Services, or products or services included or
advertised in the Services; (c) your access to and use of the Services; (d) your violation of any rights
of another party; or (e) your breach of these Terms (including Privacy Policy and any infringement by
you of the Intellectual Property or intellectual property rights of any third party) and/ or applicable
law. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and
all claims or causes of action which are brought against us. We reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are required to indemnify us and
you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we
are named as a defendant and/or for which you have indemnity obligations without our prior written
consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it. This clause shall survive the expiry or termination of these Terms.
Limitation of Liability
Notwithstanding anything to the contrary:
- Toolzy Parties shall not be liable for any claims, damages or losses to the customer or any other
person other than as established by a non-appealable order of a court of competent jurisdiction.
- Subject to the above, the maximum aggregate liability of the Toolzy Parties, if any, as so
established
and ordered, shall in no event extend beyond refund of the money charged from the relevant user for
purchases made pursuant to the relevant order with respect to which such liability has arisen and
been
established.
- Toolzy shall not be liable, under any circumstances, whether in contract or in tort, for any
indirect,
special, consequential, exemplary, punitive or incidental losses or damages, including on grounds of
loss of profit, loss of reputation or loss of business opportunities.
- 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.
Termination
- Toolzy, in its sole discretion and without liability, reserves the right to terminate or refuse
your registration, terminate your use of the Toolzy Platform/ Services and/ or refuse to permit/
restrict your usage/access to the Toolzy Platform/ Services, without notice, with or without cause
including if Toolzy has reason to believe (including through evaluating usage patterns), whether by
notice or otherwise that: (a) you do not conform to the eligibility criteria, or the eligibility
criteria is not met/is violated by a user, or (b) you may commit/ be in breach of these Terms
(including Privacy Policy). We may immediately deactivate or delete your account and all related
information and/or bar any further access to your account or the Services. If you use the Services
in violation of these Terms, we may, in our sole discretion, retain all data collected from your use
of the Services. Further, you agree that we shall not be liable to you or any third party for the
discontinuation or termination of your access to the Services.
- You may delete your account at any time by using the option as available on the Toolzy Platform/
App and ceasing further use of the Toolzy Platform/ Services. Your personal data will be processed
in accordance with Toolzy’s Privacy Policy as updated from time to time.
- Toolzy’s rights to any Comments, indemnification rights and provisions relating to Governing Law
and Jurisdiction, shall survive any termination of these Terms. Any such termination of these Terms
shall not affect/ waive your obligation to pay for product(s) /services already ordered/availed from
the Toolzy Platform or affect any liability that may have arisen or may arise relating to events
preceding the date of termination.
Governing Law & Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of India, without giving
effect to the principles of conflict of laws there under.
- Courts at New Delhi shall have exclusive jurisdiction over any proceedings arising in respect of
these Terms (including Privacy Policy).
Miscellaneous
- Interpretation: The section and subject headings in these Terms are included for reference
only and shall not be used to interpret any provisions of these Terms.
- Entire Agreement and Waiver: The Terms, together with the Privacy Policy, shall constitute
the entire agreement between you and us concerning the Services. No failure or delay by us in
exercising any right, power or privilege under the 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.
- 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.
- Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute
a partnership or agency between you and Us and you shall have no authority to bind Us in any form or
manner, whatsoever.
Third Party Ancillary Services
In the interest of improving customer/ user experience or other reasons as deemed fit, Toolzy/ Third
Party Sellers may collaborate with third parties (including brands, product manufacturers platform
sellers, vendors, service providers), whereby you may have the option to avail certain services from
such third parties/ their personnel/ representatives/ service providers and/ or the relevant services
may form part of the product/ services package itself. For instance, installation services, services
offered/ provided to you pursuant to brand advertising/ marketing campaigns such as demo services, etc.
- You understand that the services are solely provided by such third parties, as per their terms and
conditions and privacy policy. Additional charges may apply with respect to such services. Toolzy’s
Terms shall apply in addition to such third party’s terms and conditions and privacy policy.
Therefore, you must review their terms of service, as may be available on their website/ platform,
before deciding to avail their services/ purchasing the relevant products.
- Toolzy has no control over the quality, fulfilment and completion of these services including
customer care support, grievance, etc as these are fulfilled by third parties. Toolzy does not
provide any guarantee or warranty and makes no representations whatsoever regarding these services,
including reliability, quality, merchantability, fitness for any particular purpose or suitability
thereof. Toolzy makes no covenants, on behalf of any third party. If you face any challenges in this
respect, you are required to connect with the relevant brand/ manufacturer directly, in accordance
with the relevant guarantee/ warranty policies.
- By opting in for such services/ placing the order for the product that includes such services in
the package (as the case may be), You explicitly give your consent to share your personal
information as available with Toolzy along with order details with the third party service provider
to provide the services. Your personal information will thereafter be subject to the privacy policy
of such third party service provider as well in addition to Toolzy’s Privacy Policy, as amended from
time to time.
- The services may be affected due to on-ground/ operational challenges and/ or for reasons beyond
reasonable control such as unavailability of third party service providers, excess demand, traffic
jams, poor weather conditions, user’s building norms/ hassles with society providing entry to them,
lift accessibility, insufficient/ inaccurate information & facts provided by user, force majeure
event, inaccurate location provided, customer(s) being unresponsive on call, additional details
provided and/or change requested after order placement, or any other unforeseen event/circumstances.
- You agree and acknowledge that soliciting or receiving the third party service provider’s services
is solely at your own risk and Toolzy in no case shall be liable for any act or omission of such
third party service provider (including its employees, personnel, agents, contractors,
professionals, representatives). You expressly agree that: (a) Toolzy Parties will not be liable or
responsible for any loss or damage whatsoever that you may suffer, directly or indirectly, in
connection with this including any theft, and (b) Toolzy will not mediate any disputes or
differences between you and the third parties in relation to this.
Gifting Services
- You may place an order for products to be delivered to someone else as a gift. You agree that the
gifting services are available only for certain products as listed on the Toolzy Platform (“Eligible
Gift Product(s))”.
- You agree and acknowledge that you shall use the gifting services available on the Toolzy Platform
to gift and/or get the Eligible Gift Product(s) delivered to only such persons who are known to you
and will not order/gift any Eligible Gift Product(s) and/or get the same delivered to any person
which may put the recipient in uneasy, inconvenient or embarrassing situations. To place a gift
order, you will be required to provide the gift recipient’s contact details, such as name, phone
number, address or any other information that may be reasonably required to enable us deliver the
gift order (“Contact Information”). These provisions shall apply mutatis mutandis to orders placed
through your account to be delivered to someone else, otherwise than as a gift, whether placed on a
cash on delivery basis or otherwise.
- By availing the gifting service, you warrant and represent that you have obtained the gift
recipient’s consent to provide us with the Contact Information. You hereby further warrant and
represent to indemnify and hold the Toolzy Parties, harmless against any claims or disputes
initiated by the gift recipient whose Contact Information was provided by you for the purpose of
placing the gift order. You shall not use the gifting services to harass, intimidate or otherwise
harm the recipient in any manner. By placing a gift order, you hereby irrevocably undertake to be
responsible for any refusal made by the gift recipient or for any prejudice suffered by the latter
or Toolzy. In case the gift recipient is, non-contactable, the delivery partner/ service provider or
we may contact you for further assistance. These provisions shall apply mutatis mutandis to orders
placed through your account to be delivered to someone else, otherwise than as a gift, whether
placed on a cash on delivery basis or otherwise.
- You may be charged gifting fees or charges which will be reflected at the time of availing the
gifting services. The applicable fees/charges will be notified to you prior to placing an order for
the gifting services. By placing the order, you agree to pay the fee and charges as reflected prior
to placing the order. You may have to make payment in advance for availing gifting services and cash
on delivery may not be permitted.
- You may send a message with the gift order which we will endeavour to deliver, however sometimes,
the message can’t be sent. Please refer to the terms on Prohibited Content in relation to the
quality of such messages.
Toolzy Gift Cards
Toolzy co-branded gift cards (“Co-branded Gift Card”) are issued by Razorpay Technologies Private Limited
(“Razorpay”), a private limited company incorporated under the laws of India, and is authorized by the
Reserve Bank of India (“RBI”) under the Master Directions on Prepaid Payment Instruments issued by
RBI (“PPI Master Directions”) in collaboration with Toolzy as the co-branding partner. For the sake of
clarity, ‘Toolzy Money’ on the Toolzy Platform is powered by and includes the Co-branded Gift Cards
purchased.
- The Co-branded Gift Card is redeemable only on the Toolzy Platform. The Co-branded Gift Card can be
purchased on the Toolzy Platform using the following payment modes only: credit card, debit card,
UPI and internet banking.
- The Co-branded Gift Card issued by Razorpay shall be governed by the applicable terms as
specified here.
- The purchaser of the Co-branded Gift Card may add the Co-branded Gift Card to the Toolzy Platform’s
money balance via “Claim” option.
- The Co-branded Gift Card shall be valid for a period of one (1) year from the date of purchase and
cannot be used to purchase other gift cards.
- Multiple Co-branded Gift Cards can be clubbed in a single order of purchase.
- The Co-branded Gift Card cannot be redeemed for cash or credit and cannot be reloaded.
- In cases where the order is canceled, the Co-branded Gift Card amount shall be refunded to the
customer(s) in the form of balance under the “Toolzy Money” section on the Toolzy Platform.
- All taxes, duties, levies or other statutory dues and charges payable in connection with the
benefits accruing under the offer shall be borne solely by the purchaser of the Co-branded Gift
Card.
- The purchaser of the Co-branded Gift Card is solely responsible for the safety and security of the
Co-branded Gift Card. Toolzy Platform and Razorpay are not responsible for any acts of omission or
commission if the Co-branded Gift Card is lost, stolen, or used without permission. Once the
Co-branded Gift Card is claimed, no refund can be issued against such Co-branded Gift Card.
- Razorpay reserves the right to cancel the Co-branded Gift Card if the same has been found to be
purchased with fraudulent means and / or the beneficiary / know-your-customer (“KYC”) details are
found to be incorrect or insufficient as per RBI guidelines. In such cases, the funds shall be
credited back to the same source account from where these were received.
- The purchaser of the Co-branded Gift Card agrees and understands that the Co-branded Gift Cards are
a pre-paid payment instrument subject to regulation by RBI under the PPI Master Directions. Under
the RBI guidelines, the Toolzy Platform and / or Razorpay may be required to share KYC details of
the purchaser of the Co-branded Gift Card and /or any other information in relation to purchase of
the Co-branded Gift Card and / or transaction undertaken using the Co-branded Gift Card with RBI or
such statutory authorities. Toolzy Platform and / or Razorpay may contact the purchaser of the
Co-branded Gift Card for any such information.
- Toolzy Platform shall honour and consider requests for blocking of the Co-branded Gift Cards upon
receipt of (i) such request from the registered users of the Toolzy Platform; (ii) any court or
judicial order passed by the relevant authorities; and/or (iii) any notices issued by the cyber
cells.
- For any customer(s) grievance, please refer to Razorpay’s policy.
- The purchaser of the Co-branded Gift Card may request for the revalidation of the expired
Co-branded Gift Card within one (1) year from the expiry of the Co-branded Gift Card. Upon receipt
of such a request the Co-branded Gift Card may be revalidated after due verification by the Toolzy
Platform and Razorpay as per PPI Master Directions.
- These terms are governed by the laws in India, all disputes arising out of or in connection to this
scheme are subject to exclusive jurisdiction of the courts in Bangalore only.
- In the event of any conflict between the terms regarding Co-branded Gift Card covered under these
terms and any other terms made available to the purchaser of the Co-branded Gift Card via the Toolzy
Platform, these terms shall prevail.