TERMS AND CONDITIONS
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of online software under the name of ‘TOTAL TAKE’ including mobile applications for Android® and Apple® (hereinafter “Service/Services”).
The internet resource www.totaltake.in (hereinafter referred to as “Website”) and the mobile application TOTAL TAKE (the “Application”), hereinafter collectively referred to as the “Platform” is owned, operated, and managed by TOTAL TAKE PVT.LTD.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and conditions. These Terms and conditions apply to all visitors, users and others who access, download, register and use TOTAL TAKE website/application. By accessing, downloading or using the TOTAL TAKE website/application you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access website/application.
TOTAL TAKE reserves the right, at our sole discretion, to modify, delete or replace the terms and conditions or any other policies at any time, with or without prior notice to the user. What constitutes a material change will be determined at our sole discretion. We ensure our sincere effort to bring the changes via mail and application to accept the changes. We request the users and Vendors to visit the policies and terms & conditions at a certain frequency to update the same. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
DEFINITIONS
“Content” refers to any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.
“Registration Data” refers to the mandatory and optional data that is submitted by Users to use the Platform and/or avail the Services.
“Terms”, “Terms and conditions”, “Policy”, etc., shall mean the entire Terms of Use and all parallel policies that apply for the use of our Platform or availing our Services.
“Third Party” refers to any person other than the “User” or “Vendor”.
“Vendor” refers to third parties making available their services through the Platform.
“Vendor Content” refers to the content made available by the Vendor through the Platform.
“We”, “Us”, “Our”, “TOTAL TAKE” shall mean the Company.
“You”, “Your”, “User” refers to the natural or legal person who has gained access to the Platform by providing Registration Data while registering on the Platform. The term shall also refer to any person visiting, accessing, browsing, placing an order through, or otherwise availing Services through the Platform.
GENERAL
By accepting these Terms, you are entering into a legally binding Agreement (“Agreement”) with us.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
These Terms, along with the others found on our Platform, include our policy for acceptable use of the Platform, its content, the content posted on the Platform, your rights, your obligations, as well as restrictions regarding your use of the Platform.
When you access, browse or use the Platform, you accept, without limitation or qualification, the terms and conditions set forth herein. Accessing, browsing through the Vendor services, booking vendor services, or otherwise using the Platform indicates your Agreement to all the Terms and Conditions under this Terms of Use. When you access or use any of the Services, you will be subject to the rules, regulations, policies and all applicable terms and conditions which shall be deemed to be incorporated into and be a part and parcel of these Terms. When you access any sub-site or any other mobile application (whether belonging to an ‘associate’ of the company or otherwise) through this Platform, such sub-site or mobile application may have its own terms and conditions, which are specific to thereto.
We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.
So long as you comply with these Terms, the Company grants you a non-exclusive, non-transferable, limited right to enter, view and use this Platform and/or avail Services.
PRIVACY POLICY
Our Privacy Policy is separately available on the Platform and can be perused by you at your convenience here: https://www.totaltake.in/TermsandConditions
ELIGIBILITY
You must be of legal age to enter into a binding agreement in order to accept the Terms.
Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Platform.
Notwithstanding the aforementioned, the minimum age of Users is 18 years.
REGISTRATION AS A USER
The browsing of the Platform is available to all Users, including unregistered Users.
Access to specific areas of the Platform is only be available to registered Users.
To become a registered User, you must be eligible, and will be required to provide Registration Data. You represent and warrant that all information you supply to us, about yourself, and others, including Registration Data, is true and accurate.
If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform.
By providing Registration Data, you agree to undergo a Registration Data verification process. We may use Third-Party services for the aforesaid verification process and you hereby agree and accept to be bound by the terms and conditions of such Third-Party.
It is hereby reiterated that all data you provided, including without limitation, Registration Data, shall be subject to the terms set forth in our Privacy Policy, and you represent and warrant that you have the absolute right and authority to provide such data.
ACCOUNT/PASSWORD PROTECTION
User is solely responsible for maintaining the confidentiality of password and service account provided by TOTAL TAKE for accessing the offered service. User is solely and fully responsible for all activities that occur under the password or account. TOTAL TAKE has no control and expressly disclaims any liability derived therefrom over the use of any user’s account. If the user is suspicious about the activities under the account or breach of account, the User shall promptly contact TOTAL TAKE.
USER OBLIGATIONS
You are a restricted user of this Platform.
You are bound not to cut, copy, distribute, modify, recreate, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform are hereby expressly prohibited. You acknowledge and agree that by accessing or using the Platform or Services, you may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Platform. Further, you may report such offensive content.
In places where this Platform allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. You undertake not to host, display, upload, modify, publish, transmit, update, or share any information that:
The User shall not:
You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent.
We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or request.
TERMINATION OF SERVICE
TOTAL TAKE reserves the right to suspend or terminate your association with us for violation of any of our Terms, posted on the Platform from time-to-time. The termination will be effective immediately after the delivery of notice by e-mail. TOTAL TAKE also reserves the right to take legal action, including without limitation pursuing civil, criminal, and injunctive redress, for inappropriate or offensive behavior. Breach or violation of any of the policies will enforce the termination or expiration of the agreement with TOTAL TAKE. The termination of agreement will also enforce the cancellation of ongoing requested services, refunds and other disputes by the user.
INTERMEDIARY PLATFORM
Disclaimer: DUE TO SOME TECHNICAL ISSUES, TYPOGRAPHICAL OR HUMAN ERRORS, IMAGES, RATINGS, PORTFOLIOS, SERVICES, SERVICE DESCRIPTIONS AND PRICES, VENDOR DETAILS, VENDOR CONTENT, TEXT DOCUMENTS AND ANY INFORMATION RELATED TO VENDORS, VENDOR SERVICES, USERS OR CONTENT MAY BE INCORRECTLY REFLECTED ON THE WEBSITE. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE RELIANCE PLACED ON SUCH INCORRECT INFORMATION. WE ASSUME THAT THE SERVICES LISTED ON THE PLATFORM ARE AUTHENTIC AND ACCURATE AND THE VENDORS AND USERS HAVE THE AUTHORITY TO CARRY ON THE TRANSACTIONS ALLOWED, FACILITATED, OR OTHERWISE ACCESSIBLE ON OR THROUGH THE PLATFORM.
COMMUNICATIONS
By using this Platform, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, text messages, videos, images, and other data from us, and/or Vendors at any time, on the contact information that has been provided by you as part of Registration Data or otherwise.
In the event you avail Services, we may send confirmation, cancellation, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by you or through information about you received from other parties. This consent to be contacted is for purposes that include but are not limited to clarification calls and marketing and promotional calls.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document, and all other policies followed by us. The sharing of the information provided by you is governed by the Privacy Policy. You hereby unconditionally consent that such communications via SMS, Chat and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India.
You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
VENDOR CONTENT
All text, graphics, photographs, trademarks, designs and artwork collected from publicly available information or those provided by Vendors or their agents or representatives (collectively, “Vendor Content”), is third-party generated content and we have no control over such content.
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is prohibited.
INTELLECTUAL PROPERTY RIGHTS
TOTAL TAKE is owned and managed under copyright act by TOTAL TAKE PVT.LTD.. All aspects of TOTAL TAKE website and application, such as the designs, transactional flow, look and feel, contents, graphics and images including logo are protected under copyright act. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the company’ proprietary information.
There are a number of proprietary logos, service marks and trademarks found on this Platform whether owned/used by the Company or any other third party. By displaying them on Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks.
From time to time, the Company may post comments or articles on the Platform. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, amending, or editing such articles. In the event you have an issue with any article so posted, you may report the same via mail and we may look into it. We are under no obligation to remove such articles and the final decision lies with us.
We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.
We give you permission to use the aforementioned content in accordance with these Terms and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever, save as set forth in these Terms. The Company does not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by the Company are retained by the Company.
In the event you find any content on the website which you deem is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, against any religious beliefs, spam, potentially infringing or is not authorized by the intellectual property rights owner or is violative of any applicable law, you are requested to report such content to [●]. On receiving such report, the company reserves the right to investigate and/or take such action as the company may deem appropriate.
JOBS AND ORDERS
Schedule Jobs
In the event you so desire, you may place orders with Vendors. These orders may be in the form of scheduled jobs for a specific requirement to be provided / fulfilled by a Vendor, or for an on-demand order.
Scheduled Jobs are where no inputs from the Vendor are required and the scope of services of the Vendor is fixed. You may choose from the Vendors on the Platform for these.
Do note that the prices, charges, fees, and other details displayed on the Platform are provided by the Vendor.
On-demand Jobs
For on-demand jobs, the Vendor may need to visit the premises/location in question and provide further estimates or quotes for the service after appraising the service need. Do note that the prices, charges, fees, and other details displayed on the Platform are provided by the Vendor.
Repair Charges / Visit Charges are the charges by the User for the Vendor to visit user premises. Subject to the assessment of the Vendor on location, the Vendor may suggest repair or replacement of any part which would entail additional charges as quoted by the Vendor. For any further service, including part replacement or repair, the user will need to approve the quote provided by the Vendor and place the order.
Orders
Your act of placing an order (hereinafter “Order”) for any Vendor services provided on or through the Platform shall be deemed to constitute a contractual offer that may be accepted or rejected by the Vendor, at their discretion.
Once an Order is placed, you may, if you wish to do so, amend or cancel the Order as per the Cancellation Terms.
The company reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of the company’s systems as well as Vendor and User interests are and remain, well-protected. To this end, the Company may take various steps to verify and confirm the authenticity, enforceability and validity of Orders.
If the Company, in its sole and exclusive discretion, concludes that Orders are not or do not reasonably appear to be, authentic, enforceable or valid, the Company may cancel the said Orders at any time up to 6 hours after the Order has been placed.
CANCELLATIONS OF SERVICES
User is allowed to cancel / reschedule the orders anytime through the Platform or by communicating with TOTAL TAKE customer care.
BILLING AND PAYMENT POLICY
When you use the Services, place Orders, you may be required to pay for them either on the Platform or other modes of payment accepted by the Company. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
TOTAL TAKE offers its user to pay the Vendor either through mobile wallet, online using net-banking/ debit card or by cash. TOTAL TAKE expressly disclaims responsibility of refund for payments made by cash. User is liable to pay the invoiced amount immediately after the service is rendered. TOTAL TAKE takes no responsibility for money paid to Vendor without our knowledge and we have no control over payments made in cash to Vendor other than what is agreed between TOTAL TAKE and user.
Hence it is important that payments to be made directly to TOTAL TAKE via online payment options available on the platform. We discourage any tips or reward to any of our Vendor however if any user is doing so is completely based on their own will and decision.
Transactions on the Platform are secure and protected. Any information entered by the User when transacting on the Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Platform in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Users are requested to provide valid, accurate and complete information about your identity, payment account details (Card information, Bank account information, and wallet credentials), Biller information and the payment information (payment amount and transaction description). TOTAL TAKE reserves the right to terminate user account or refuse your current and future use of Service in case your information found suspicious.
TOTAL TAKE assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction owing to any one or more of the following circumstances;
Note: User must ensure seamless Internet connectivity and must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. User is solely responsible any fees associated with access to World Wide Web, directly or indirectly access to web content.
If the money gets deducted from the user account and the payment is not reflected in the application, you are requested to contact the TOTAL TAKE customer care support at +91 7061265929 or mail at support@ttplgroup.co.in Your payment will be reflected within 48-72 hours if the transaction is successful at the payment gateway partners. If your payment status is not updated in the given time frame, please contact the bank for further enquiries. TOTAL TAKE does not take responsibility for such cases and payment will reflect in your bank account as per Bank's TAT.
SERVICE DELIVERY
TOTAL TAKE strongly discourages any direct contact with TOTAL TAKE Vendors or any service requested directly by the user with the TOTAL TAKE Vendor, as in such cases has no control or takes no responsibility on whatsoever situation or condition. TOTAL TAKE does not provide or deal with material or spare parts required for delivering the service. Users are requested to buy the material to carry out the service or by it through Vendors. Vendor is solely responsible/ liable for damages caused during service delivery, in such events user is requested to first contact the customer support team and then may lodge a complaint against the Vendor, if the damage is resolved with mutual understanding.
User is requested to report/inform TOTAL TAKE immediately for any misconduct or unsatisfied behavior of any of our Vendor so that we can take necessary action in order to resolve incidents and prevent the occurrence of such incidence in future. However, if the misconduct is falling in the category of breach of law, then the user may deal with that as per the applicable laws directly with the Vendor and TOTAL TAKE will not be responsible in such case. Also, if the Vendor involves in any criminal activities during the service delivery or at any stage of service cycle the user, at its own will can take direct action under the laws of the country and also keep us informed on full details of the same. TOTAL TAKE will not be party to any such action.
TOTAL TAKE offers 15 to 30 days warranty on service offered via TOTAL TAKE platform (warranty period is varied between services), any additional charges asked by Vendor must be informed to customer care (+91 7799378787) or support@ttplgroup.co.in before making such payments.
REFUND POLICY FOR SERVICE
User is permitted to claim refund from TOTAL TAKE for:
User can send a mail to support@ttplgroup.co.in within 5 days from the day of job delivery with subject line “Job Reference #-Complaint Category” or raise a complaint against specific order directly from ‘Order History’ page in the Application. TOTAL TAKE team will register the complaint and share the complaint number within 24 hours via mail/ text message. User will receive the final status of the claim within 7 working days via e-mail. If the refund request is approved by TOTAL TAKE grievance redressal officer, refund amount will be credited to customer account within 48 business hours (excluding holidays). TOTAL TAKE reserves the right to approve or decline a refund request. The refund claim will be processed by gathering information about job delivery from the Vendor. The status of the claim will be shared along with reason for approval/decline with the User via the registered mail id of the User.
Note: Refund requests shall only be entertained if payments have been made through wallet/online payment options.
CANCELLATION POLICY FOR FRUITS, VEGETABLES, MEAT (CHICKEN, MUTTON, FISH, OTHERS), CAKE & FLOWERS
Please read the below stated points for any cancellations.
Please understand that the points mentioned in the policies are with reference to the time slots on the www.TOTAL TAKE.com website selected by the user in checkout process.
Orders are processed in time slots and we accept cancellation requests with reference to time slot selected by customer in order placed. Consider conditions stated below -
In any of the cases above Wallet refunds can be initiated only at the discretion of company considering the reasons of cancellation like unfortunate events, calamities or unavoidable circumstances. No claims to refund can be made by customer to overrule above stated clause.
Same day Orders
We allow users to select the same date and time slot of delivery on which he/she is placing the order. We attempt to do same day and given time slot delivery of the requested products but DO NOT PROMISE so.
TOTAL TAKE takes same day orders for day and evening time slots till 6 pm. It is attempted to do selected time slot delivery and not a promise, though we make our 100% effort to deliver on the selected time slot and as order placed.
Refund Policy Veg, Non-Veg Products & Cake & Flowers
Refund in cases of Cancellations is mentioned in Cancellation policy, kindly refer the same.
The acceptance of order is subject to availability of products, delivery areas and time. The order may or may not be accepted. The order might be cancelled after assessing the circumstances and communicated to customer. In such case amount paid by customer is fully refunded to TOTAL TAKE wallet or bank account.
Only one attempt for delivery will be made. Please confirm availability of recipient before choosing delivery time. If recipient is not available at the time of delivery, second attempt will not be made and order will be cancelled. No refund will be made in such case.
The refunds are only initiated once the customer confirms over mail that where the refund has to be done - TOTAL TAKE wallet or bank account.
Refund will be credited in TOTAL TAKE Wallet on orders which are processing within 48 hours of delivery date.
Refunds are processed to your payment method within 15 working days.
Address Change requests
Change in the address is permitted free of cost only before stared the delivery.
1. After the stared the (job) delivery, if address is changed, we charge Rs 50/-.
2. Sometimes the address change request cannot be accepted, in that case order will not be refunded or cancelled.
Pin code Requirements
It is user responsibility to provide correct pin code in the address of delivery. The pin code should map to the correct delivery address. Sometimes address mentioned does not correspond to the the pin code of that area.
If pin code entered in the address section is incorrect then following cases arise -
1. Address entered is of non-Serviceable area, the order stands cancelled and NO refund will be initiated - The system checks pin code for delivery verification and may accept order when pin code entered is of serviceable area and address is not.
2. If our team contacts you regarding wrong pin in address, and you want to get delivery done to new pin code, the charges of the newly added pin code will apply. The order cannot be cancelled and refunded in case you do not wish to pay for correct pin code’s charges.
Important Points
The products and services displayed on TOTAL TAKE are our best offerings and we put in our 100% effort to deliver high quality similar products and services. These terms and conditions are put across to avoid any possible conflict.
DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE PLATFORM, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS PLATFORM IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT OR VENDOR CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR SUCH ACTIONS. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. WE DO NOT CONTROL ANY OF THE SERVICES OFFERED ON THE PLATFORM. THE AVAILABILITY OF SERVICES THROUGH THE PLATFORM DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY SERVICE OR VENDOR. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE OR SERVICES OFFERED THROUGH THE PLATFORM, SAVE AS EXPRESSLY SET FORTH HEREIN. HOWEVER, THE PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM MAY BE COVERED BY A MANUFACTURER'S WARRANTY INCLUDED WITH THE PRODUCT. TO OBTAIN WARRANTY SERVICE FOR DEFECTIVE PRODUCTS, PLEASE FOLLOW THE INSTRUCTIONS INCLUDED IN THE MANUFACTURER'S WARRANTY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, OR DISTRIBUTED BY US OR THROUGH THE PLATFORM ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS PLATFORM INCLUDING BUT NOT LIMITED TO THE COMPANY, ITS AFFILIATES, VENDORS, AGENTS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE PLATFORM, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PLATFORM, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of India.
DISPUTE RESOLUTION MANAGEMENT
TOTAL TAKE reserves the right to manage, resolve or decline the disputes with user. Any disputes raised by user will be processed by the TOTAL TAKE team and notify the user on acceptance of dispute, via mail along with complaint number. TOTAL TAKE team will enquire the complaint and based on the findings, the User will be receiving the response from TOTAL TAKE team within 7 working days from the day of complaint.
If the user is not satisfied with the resolution, the matter shall be referred to binding arbitration by a sole arbitrator. The sole arbitrator shall be jointly appointed by the Company and the User. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in Ranchi and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.
The Courts in Delhi, shall have the jurisdiction for all suits arising out of or in connection with this Agreement.
LINKS TO OTHER WEBSITES
TOTAL TAKE may contain links to third-party websites or services that are not owned or controlled by TOTAL TAKE. TOTAL TAKE has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that TOTAL TAKE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
APPLICATION TERMS
Upon download and installation of the mobile application, you grant the following permissions to the application to perform the following actions on the device you have installed the application on:
MISCELLANEOUS TERMS
