Terms of Use
Effective from: 15th April 2023
Terms of Service
Tohfa knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting tohfajewellery.in, you are accepting the practices described in this Privacy Notice.
Tohfa (“www.tohfajewellery.in”) provides you with access to our website and mobile app platforms subject to your acceptance of these Terms of Use and our Privacy Policy. You accept these terms and our Privacy Policy when you access and use our websites at www.tohfajewellery.in and its Mobile apps version (each a “Site”). This document is a legally binding agreement between you as the user(s) of the Site (referred to as “you”, “your” or “User” hereinafter) and the Tohfa entity (referred to as “we”, “our” or “TohfaJewellery.in” hereinafter). Your use of the Sites and Tohfa’s services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, the Product Listing Policy and any other rules and policies of the sites that Tohfa may publish from time to time. This document and such other rules and policies of the sites are collectively referred to below as the “Terms”.
By accessing the Sites or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Sites if you do not accept all of the Terms. You may not use the Services and may not accept the Terms if (a) you are not of legal age (18 Years) to form a binding contract with tohfajewellery.in, or (b) you are not permitted to receive any Services under the laws of the India or other countries / regions including the country / region in which you are resident or from which you use the Services. You acknowledge and agree that tohfajewellery.in may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you. You may be required to enter into a separate agreement, whether online or offline, with tohfajewellery.in or our affiliate for any Service (“Additional Agreements”).
If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned. The Terms may not otherwise be modified except in writing by an authorized officer of tohfajewellery.in.
Eligibility
The Platform is available for use and access to Users who can form legally binding contracts under Indian Contract Act, 1872. For the purposes of these Terms, the term ‘persons’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.
User must not use the Platform and its Services for their personal use and the Platform shall be used by the User only for their business purposes.
Hyperlinking to our Content:
The following organizations may link to our Website / App without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website / App in the same manner as they hyperlink to the Website / Apps of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website / App information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of TohfaJewellery.in; and (d) the link is in the context of general resource information. These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our Website / App, you must inform us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website / App, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website / App as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website / App being linked to that makes sense within the context and format of content on the linking party’s site.
No use of tohfajewellery.in logo or other artwork will be allowed for linking absent a trademark license agreement.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website / App. You approve to immediately remove all links to our Website / App upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website / App, you agree to be bound to and follow these linking terms and conditions.
Lawful use of Website
You agree to abide by all applicable laws regarding use of our websites and services, and not to use our website to engage in antisocial, disruptive or destructive acts. You may not post, link or upload any material that is harmful to our user's computers or objectionable, in our sole discretion, including content that is obscene, indecent, defamatory, hateful or intolerant in nature. You may not publish content that constitutes "junk mail", "spam", or "phishing".You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other online service or other organization. We may report any activity that may violate the law to officials, regulators or other third parties, and we may do so without prior notice to you. You agree to provide true, accurate, current, and complete information about you as prompted during the registration process for any our Service, and to maintain and update the information, when necessary, to keep it accurate. You are responsible for maintaining the confidentiality of any account numbers and passwords assigned to you or input by you, and you agree to be fully responsible for all activities that occur through anyone's use of your password or account numbers, whether or not authorized by you. You agree to notify Tohfa immediately if you become aware of any unauthorized use of your password or account or any other breach of security related to our Service.
Intellectual Property
Copyright, Trademark and Disclaimer Notices tohfajewellery.in is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content including, but not limited to, text, design, graphics, logos, files, images, photos, video, software, code, and other proprietary content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with tohfajewellery.in, our affiliates or licensors of the Site Content, as the case may be. "Tohfa", "tohfajewellery.in" and related icons and logos are registered trademarks or trademarks or service marks of Tohfa and related icons and logos are applied for / registered trademarks or trademarks or service marks of tohfajewellery.in, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Tohfa may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
The "tohfajewellery.in" name and logo are applied for / registered trademarks.
Permission is granted to electronically copy and print hard copy portions of this site for purchased products. While following any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Tohfa. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
By posting any products for sale on the TohfaJewellery.in website, all third-party vendors are warranting that they own any copyright associated with such products or designs, have appropriate licenses to such products or designs, and/ or are otherwise lawfully able to sell such products or designs.
If Tohfa is alerted to a potential copyright infringement claim regarding any products or designs posted on the TohfaJewellery.in website, Tohfa reserves the right to remove such material from the website, at its discretion. Third-party vendors who are found to be repeat infringers of third-parties' copyright rights are subject to having their rights to use the TohfaJewellery.in terminated.
Electronic Communications
When you use any Tohfa Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically upon registration. We will communicate with you by e-mail or by posting notices on this site or through the other Tohfa Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
iFrames
Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of TohfaJewellery.in.
Product Listing Policy
Product Descriptions
Tohfa provides a platform for the third-party vendors and you to negotiate and complete transactions. All products descriptions are published by the third-party vendor who lists the product on our platform. Tohfa does not warrant that product descriptions or other content of any Tohfa Service is accurate, complete, reliable, current, or error-free. If a product offered is not as described, you are to address us at [email protected] and we shall inform the third-party vendor who listed the product.
Pricing for Products and Services
Despite our best efforts, a small number of the items on our Site may be mispriced. If the correct price of an item sold on TohfaJewellery.in platform is higher than other our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order whether or not your credit card has been charged or other payment has been accepted.
For more details of prohibited and restricted categories you can refer our Product Listing policy.
Risk of Loss
All items purchased from TohfaJewellery.in are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
For more information about our Logistics and Shipping terms, you can refer to Shipping Information.
Cancellation, Returns, Warranty Claim and Title
Tohfa does not take title to returned items until the item arrives at the designated Returns centre.
For more information about our Cancellation, Returns, Warranty Claim and Title related policy, you can refer to Cancellation, Returns and Warranty Policy.
Third-Party Links
In an attempt to provide increased value to our visitors, TohfaJewellery.in may link to sites operated by third parties. However, even if the third party is affiliated with Tohfa, Tohfa has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tohfa. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tohfa seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
If there are links to unaffiliated website/s they are not covered in this agreement. We do not endorse or make any representations about such unaffiliated websites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any unaffiliated websites linked to this website, you do so entirely at your own risk. We are not responsible for the content of such other websites and shall not be liable for any damages or injuries arising from your visits there.
Social Network: Facebook, Twitter and YouTube
The Tohfa Facebook, Twitter, YouTube, Google and any other pages are run and maintained by individuals from Tohfa. The views, opinions, depicted results and experiences expressed in user-submitted comments are solely those of the author and do not necessarily reflect those of Tohfa.
No Warranties
Please understand that you assume total responsibility and risk when you use our website. Our website and services are provided on an "as is" and "as available" basis. You understand that Tohfa does not guarantee that anything on our websites will be free of infection or viruses that might damage or interfere with your computer, data or personal information. Tohfa does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to our website, its contents, or any services provided through our website.
Termination of Service
We reserve the right to terminate our services to anyone at any time, for any reason, and without notice. You also have the option of cancelling your account at any time. In the event of cancellation or termination, you will lose all data related to your account.
Force Majeure
Under no circumstances shall Tohfa be held liable for any losses, delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, epidemics, pandemics, curfews, lock-down, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Limitation and Disclaimer of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY TOHFA ON; OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND TOHFA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOHFA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; TOHFA DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TOHFA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
Indemnification
Each User hereby further agrees that is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with in asserting any available defenses.
Governing Law
You agree that your use of this site shall be governed in all respects by the laws of the state of Maharashtra, India, without regard to choice of law provisions, and not by any contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products) shall be in the courts located in Mumbai, Maharashtra, India. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TohfaJewellery.in products) must be commenced within one (1) month after the claim or cause of action arises. 's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions mentioned herein this Terms of Use. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Notices
All legal notices or demands to or upon shall be made in writing and sent to personally, by courier or certified mail to the following entity and address:
Tohfa
240/242, Janjikar Street,
Near Juma Masjid, Masjid Bunder,
Mumbai – 400002,
Maharashtra, India.
Phone: +91 76 6666 7985
Support Email: [email protected]
Attn: Legal Department.
The notices shall be effective when they are received by in the above-mentioned manner.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to , or SMS, WhatsApp messages, or in-app notifications, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or through such other mode of communication as may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.
Grievance Officer
In accordance with applicable laws, you may contact our Grievance Officer for any issues or concerns at the following address:
Hiren Patel,
Grievance Officer,
Tohfa
240/242, Janjikar Street,
Near Juma Masjid, Masjid Bunder,
Mumbai – 400002,
Maharashtra, India.
Phone: +91-76 6666 7985
Email: [email protected]
Time: Mon - Sat (10:00 AM - 07:00 PM)
Last updated on: 15th April 2023
