Terms & Conditions

1. Electronic Record and Governing Terms

This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable. It is generated by a computer system and 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, which require publishing the rules, regulations, privacy policy, and Terms of Use for access or usage of the Website.

The domain name www.totemoo.com (hereinafter referred to as "Website") is owned by Probob Private Limited, a company incorporated under the Companies Act. Your use of the Website and its services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website. If You transact on the Website, You shall be subject to the policies that are applicable for such transactions. By mere use of the Website, You shall be contracting with Probob Private Limited, and these terms constitute Your binding obligations.

2. Membership Eligibility

Contractual Capacity: Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872.
Minors: If you are under the age of 18 years, you shall not register as a User or transact on the Website.
Guardians: As a minor, if you wish to use or transact on the website, such use or transaction may be made by your legal guardian or parents.
Termination Rights: Totemoo reserves the right to terminate your membership and/or refuse access if it is discovered that you are under the age of 18 years.

3. Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password. You are responsible for all activities that occur under your account. If You provide any information that is untrue, inaccurate, not current, or incomplete, We have the right to indefinitely suspend, terminate, or block access to your membership.

4. Communications and Fees

Electronic Records: When You use the Website or send data to us, You are communicating with Us through electronic records and consent to receive communications via electronic records periodically.
Free Access: Membership on the Website is free for buyers; Totemoo does not charge any fee for registering or browsing.
Policy Changes: Totemoo reserves the right to change its Fee Policy from time to time and introduce fees for new or existing services.
Currency: Unless otherwise stated, all fees shall be quoted in Indian Rupees.

5. Rules of Conduct (Use of the Website)

You agree that Your use of the Website shall be strictly governed by the following binding principles:

Prohibited Content: You shall not host, display, upload, or share information that belongs to another person to which You do not have any right, is grossly harmful, harassing, defamatory, or obscene, or is misleading in any way.
Harm to Minors: You shall not share content that harms minors in any way.
Intellectual Property: You shall not infringe any patent, trademark, copyright, or other proprietary rights.
Illegal Acts: You shall not provide instructional information about illegal activities or create computer viruses.
Commercial Use: You shall not engage in commercial activities such as contests, sweepstakes, or advertising without Our prior written consent.
Technical Integrity: You shall not use any "deep-link," "page-scrape," "robot," or "spider" to access, acquire, copy, or monitor any portion of the Website.
Unauthorised Access: You shall not attempt to gain unauthorised access to any portion of the Website or any server, computer, or network.

6. Brand and System Load

You shall not make any negative, denigrating, or defamatory statement(s) about Us or the brand name Totemoo. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website.

7. Privacy and Information Disclosure

Data Protection: We store and process Your Information, including sensitive financial information, on computers/ servers protected by physical and technological security measures.
Law Enforcement: We can disclose any information about You to law enforcement or government officials as we, in Our sole discretion, believe necessary in connection with the investigation of possible crimes.
Business Transfers: Totemoo and its affiliates may share or sell some or all of your personal information with another business entity should we plan to merge with or be acquired by that entity.

8. Disclaimer of Warranties and Liability

This Website and all products and services are provided on an "as is" and "as available" basis without any representation or warranties, express or implied. Totemoo does not warrant that this Website will be constantly available or that the information is complete, true, or non-misleading. We will not be liable for any damages resulting from viruses that may infect your computer equipment.

9. Payment Facility

Authorised Facilitator: The payment facility provided by Totemoo is merely a facilitator providing an electronic, automated online payment and collection facility using existing authorised banking infrastructure.
Currency Restrictions: All payments made against purchases on the Website shall be compulsorily in Indian Rupees.
Verification: Before shipping, Totemoo may request supporting documents (government-issued ID and address proof) to establish the ownership of the payment instrument.

10. Product Exchange Policy

Totemoo only offers the option to exchange products. Totemoo does not offer an option to return products for a monetary refund once the product is sold, under any circumstances.

Defective/Wrong Products: In the event that a customer receives a defective, damaged, or incorrect product, an exchange may be requested.
No Refunds Policy: Totemoo does not offer an option to return products for a refund.
Exchange Request Window: Customers must visit the "Exchange Request" section on the Website/ portal from where they have purchased the product and apply for an exchange within 24 hours of receiving the product.
Management Review: All exchange requests are subject to review. The final decision to approve or reject an exchange request rests solely with the Totemoo management based on their subsequent review.
Exchange Exclusions: Products ineligible for return include those damaged due to misuse, consumable items that have been used, items with tampered serial numbers, or digital products. If a Totemoo product has been purchased from a website/ portal/ app other than www.totemoo.com, no exchange request can be placed on this website.
Exchange Inclusions: Exchange requests are accepted only if the item was defective, damaged during shipping, missing, or the wrong item was sent.

11. Content and IP Rights

Ownership: All text, graphics, logos, and artwork are the sole property of Totemoo.
User Content: Any notes, messages, photos, or other materials posted to the Website will become Our property, and You grant Us worldwide, perpetual, and transferable rights for such Content.
Compensation: You are not entitled to any payment or other compensation for such use of the Content You post.

12. Profanity and Abuse Policy

Totemoo prohibits the use of language that is racist, hateful, or obscene in nature in any public area of the site. Disciplinary action for violations may include the indefinite suspension of a User's account. Threats of violence via email or any other means are strictly prohibited and will be reported to authorities.

13. Limitation of Liability and Indemnity

In no event shall Totemoo be liable for any special, incidental, indirect, or consequential damages of any kind in connection with these Terms of Use. You shall indemnify and hold harmless Totemoo and its affiliates from any claim, demand, or actions arising out of Your breach of this Terms of Use.

14. Third-Party Links

Totemoo does not take responsibility or liability for the actions, products, content, and services on the Website which are linked to third-party websites. We do not warrant the offerings of any of these businesses or the content of their websites.

15. Applicable Law Jurisdiction

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Ahmedabad.

16. For Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Totemoo makes no representation that materials in the Website are appropriate or available for use in other locations/ Countries other than India. Those who choose to access this site from other locations/ Countries other than India do so on their own initiative, and Totemoo shall not be responsible for issues arising thereof.

17. Other Businesses

Totemoo does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and/or third-party websites using the Website's APIs or otherwise. Totemoo does not warrant the offerings of any of these businesses or individuals or the content of such third-party website(s).

18. Grievance Officer

In accordance with the Information Technology Act 2000, the name and contact details of the Grievance Officer are provided below:

Name: [Insert Name]
Address: [Insert Physical Address of Totemoo Office]
Email: [Insert Support/Grievance Email Address]
Phone: [Insert Contact Number]

19. Contact Support

For any further assistance, please get in touch with us at help@totemoo.com.