Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record 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 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.towanto.in] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

The Platform is owned by Towanto Business Private Limited a company incorporated under the Companies Act, 1956 with its registered office at 5th Floor, Plot No: 47, 48, 49. Street No-1, 2nd Avenue, Patrika Nagar, Madhapur, Hyderabad, Telangana State-500081, India (hereinafter referred to as "Towanto").

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Towanto Business Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Towanto.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Towanto allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean Towanto Business Private Limited.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Towanto Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

For the ease of reference, this document is divided into following sections:

       I.  Terms applicable to Buyers (“Buyer Terms”).

       II.  Terms applicable to Sellers (“Seller Terms”).

GENERAL TERMS

1. EFFECTIVE DATE

These Terms of Use shall come into force with effect from 0000 hours of 2nd September 2022.

2. APPLICATION AND ACCEPTANCE OF THE TERMS

i. Your use of the Platform and Towanto’s services, features, functionality, software and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, The Product Listing Policy, The Return & Refund Policy, The Undelivered Shipment Policy, and any other rules and policies of the Platform that Towanto may publish from time to time.

 ii. You must read Towanto’s Privacy Policy which governs the collection, use, and disclosure of personal information about Users. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy. 

3. PROVISION OF SERVICES

i. You must register on the Platform in order to access and use the Services. Further, Towanto reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Towanto may impose in its discretion. 

 ii. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. Towanto disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).

iii. User agrees and confirms that any Services provided to you by Towanto are on best efforts basis and Towanto may engage services of third party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.

iv. User acknowledges that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.

v. Towanto may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Towanto.

Membership Eligibility

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.

1. USER ACCOUNTS AND VERIFICATION OF ACCOUNT

 i. User must be registered on the Platform to access or avail the Services for its commercial purposes. You agree and acknowledge that you will transact on the Platform only for your business purposes and not for personal use. Except with Towanto’s approval, one User may only register one account on the Platform. Towanto may cancel or terminate a User’s account if Towanto has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, Towanto may reject User’s application, without assigning any reasons thereof, for registration for any other reason.

ii. A set of user ID and OTP (One Time Password) / password is unique to a single account. Any action triggered on your user account on the Platform or by using the unique OTP will be deemed to have been authorised by you and with your express consent. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.

iii. When you access the Platform you are electronically communicating with Towanto. Towanto may communicate with you by e-mail, SMS, WhatsApp messages or messages through other modes of communication, phone call or by posting notices on the Platform or by sending in-app notifications or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) in the above manner, from Towanto with respect to your use of the Platform and it shall be deemed by your continued use of the Platform that you agree and consent to receive any communications from Towanto. 

iv. While registering the User account on the Platform you will be required to furnish details about you and with respect to your business including without limitation, business name, GSTIN, PAN, TAN, Required Registration Certificates demanded by Towanto Udyog Aadhar, address, phone number and/ or any other information that may be required by Towanto to provide in relation to your business. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, Towanto reserves its right to take appropriate steps as set forth under Clause 7 of these General Terms. For the purposes of verification of your account information, you agree that we may share your information with such third party service provider in accordance with the terms of the Privacy Policy. We reserve the right to seek additional information from you about you and your business, from time to time and you consent to provide such additional information to continue using the Platform.

2. USERS GENERALLY

i. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with Towanto, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).

ii. Towanto may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that Towanto has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.

 iii. You agree not to undertake any action which may undermine the integrity of Towanto’s feedback system.

 iv.  You agree that the Services shall be availed by you only for commercial purposes that is for sale or purchase of products for further distribution or sale. You further agree that you will not use the Platform or any of its Services thereof for your personal use or consumption.

v. By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to Towanto or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to Towanto to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to Towanto that you have all the rights, power and authority necessary to grant the above license.

vi. User agrees, undertakes, and confirms that User’s use of Platform shall be strictly governed by the following binding principles:

1. User shall not host, display, upload, modify, publish, transmit, store, update or share any information which:.
2. You shall not use any "deep-link", "page-scrape", "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 any content on the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content on the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Towanto reserves its right to bar any such activity.
3. You shall not make any defamatory or denigrating statement(s) about Towanto, or our brand name or domain name used by Towanto including the terms Towanto, Towanto Express, Towanto.com, or otherwise act in any manner that might tarnish the reputation or standing, of Towanto or Users on the Platform or otherwise tarnish or dilute any of Towanto’s trademarks, service marks, trading name, or the goodwill associated with them.
4. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time.
5. User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
6. Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other User, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.
7. Each User agrees to indemnify Towanto, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: 

             (i) your submission, posting or display of any User Content; 

             (ii) from your use of the Platform or Services; 

             (iii) from your breach of the Terms or breach of any applicable laws, including tax laws; 

             (iv) any service availed by you from a third party service provider using any dispute inter-se Users; and/or 

             (vi) your negligence or wilful misconduct.

 vii. Each User shall at all times, adhere to our Code of Conduct available at https://Towanto.com/, while discharging its obligations under the Terms.

3. BREACHES AND SUSPENSION

i. If any User breaches any Terms, or if Towanto has reasonable grounds to believe that a User is in breach of any Terms, or could subject Towanto or its affiliates to liability, or is otherwise found inappropriate or unlawful in Towanto’s opinion, Towanto shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

1. suspending or terminating the User’s account and any and all accounts determined to be related to such account by Towanto in its discretion;
2. blocking, restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
3. removing any product listings or other User Content that the User has submitted, posted or displayed;
4. withhold settlement of payments by Towanto to the User;
5. any other corrective actions, discipline or penalties as Towanto may deem necessary or appropriate in its sole discretion.

ii. Towanto does not pre-screen any content or information posted, published or transmitted on the Platform by the users and Towanto is under no obligation to pre-screen any such content or information. However, Towanto may at its discretion and/or in accordance with applicable law may voluntarily take down any content or information posted by you on the Platform and if Towanto determines that any content or information is in violation of these Terms, Towanto may remove such content or information from the Platform without notice. Such actions do not in any manner negate or dilute Towanto’s position as an intermediary or impose any liability on Towanto with respect to content or information posted, published or transmitted by users on the Platform.

iii. Notwithstanding anything contained herein these Terms, Towanto may with or without notice and in its sole discretion be entitled to suspend, reduce visibility of the product listings, de-activate, or de-list any product listings or User’s account for any reasons, including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the Platform, performance of the User on the Platform, etc.

iv. In the event a User becomes inactive or if no transaction is noticed by Towanto, in such a case Towanto reserves its right to temporarily, deactivate a User’s account in its sole discretion, with or without giving any notice to the User.

v. Towanto reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, Towanto may disclose the User's identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.

4. TRANSACTIONS BETWEEN BUYER AND SELLER

 i. Towanto is merely a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase on the Platform.

 ii. User further acknowledges and undertakes that it shall use the Platform or Services only for its lawful business purposes. Buyer agrees to purchase the products from the Seller for further resale or commercial purpose and shall not use the products purchased for your personal use or consumption.

iii. For any Services, Towanto does not represent either the Seller or the Buyer in specific transactions. Towanto does not control and is not liable to or responsible for the quality, safety, suitability of products, lawfulness or availability of the products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or the ability of Buyers to complete a purchase.

iv. In the event that any User has a dispute with any party to a transaction such User agrees to release and indemnify Towanto (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any services opted for by the User by accessing any link from Towanto site to avail of any independent services related to the transaction of buy-sell conducted on the Platform from any third party.

 v. We do not make any representations pertaining to the information, content, products included on or delivery of the products or otherwise made available to User and User acknowledges that we are only acting as an intermediary between the Buyer and the Seller. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the products purchased by the Buyer from the Seller and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for products purchased by Buyer from the Seller and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances Buyer’s only recourse will be against the Seller and we will not be made a party to any such issue and/or dispute between the Seller and the Buyer.

 vi. The User(s) shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to re-sell, trade, re-distribute or export or offer to sell, trade the products or services and such sale, trade, distribution or export or offer does not violate any applicable laws.

5. INTELLECTUAL PROPERTY RIGHTS

i. Towanto is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with Towanto or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by Towanto are hereby reserved.

ii. Towanto and any other related icons and logos are registered trademarks of Towanto Business Private Limited, 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. 

iii. Towanto may, at its sole discretion, permit the User(s) of the Platform, in writing, to use “Towanto” and any other related icons and logos for indicative purposes in the form and manner and terms and conditions as maybe agreed by Towanto.

iv. All text, graphics, photographs, trademarks, logos, and artwork available or accessible on the Platform are third party user generated content and Towanto has no control over such third-party user generated content as Towanto is merely an intermediary for the purposes of these Terms.

v. You shall be solely responsible for any content or information posted or transmitted on the Platform and shall indemnify Towanto against any claim or liability arising from any content or information posted or transmitted by You on the Platform. Any content or information such as but not limited to images, text, videos posted or transmitted on the Platform shall be licenced to Towanto by the User uploading such content and Towanto shall have the worldwide, fully paid-up, perpetual and transferable licence in such content or information for the purposes of its use on the Platform and for any purposes Towanto deems fit. You shall not be entitled to any payment or compensation for any usage of the content by Towanto.

6. NOTICES

i. All legal notices or demands to or upon Towanto shall be made in writing and sent to Towanto personally, by courier, certified mail, or facsimile to the following entity and address: Towanto Business Private Limited, 5th Floor, Plot No: 47, 48, 49., Street No-1, 2nd Avenue, Patrika Nagar, Madhapur, Hyderabad, Telangana State-500081, Attn: Legal Department. The notices shall be effective when they are received by Towanto in any of the above-mentioned manner.

ii. 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 Towanto, 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 Towanto may deem fit in its discretion. Notice to a User shall be deemed to be received by such User if and when, a) Towanto is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Towanto posting such notice on an area of the Platform that is accessible by the User or publicly accessible without charge.

7. MISCELLANEOUS PROVISIONS

i. Unless otherwise communicated to you by Towanto, the Terms (including its sections as may be applicable to the Seller or Buyer) constitute the entire agreement between User and Towanto and govern the User’s use of the Platform and any of the Services. The Terms shall supersede any prior written or oral agreements that you may have had in relation to the use of the Platform and any of the Services.

ii. Unless stated otherwise, we will be your one stop solution for all the services (except credit) on the Platform with effect from 00:00 hours on 1st September 2022 (“Cut-Off Date”), and any new transactions on the Platform shall be governed by these Terms. It is clarified that, any transaction made by you on the Platform before the Cut-Off Date  shall be governed by your arrangements with the relevant parties (i.e., third party service providers) as existing prior to the Cut Off Date. The erstwhile terms of use are available here.

iii. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

iv. Towanto’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of Towanto’s right to act with respect to subsequent or similar breaches.

v. Towanto shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Towanto). User may not assign, in whole or part, the Terms to any third party or person.

vi. The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India.

GRIEVANCE MECHANISM

A. The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform and/or any discrepancies or grievances with respect to processing of information to the Grievance Officer at the contact details mentioned in 14(B). We will endeavour to resolve your grievances and concerns within timelines as mentioned under applicable laws.

1. GRIEVANCE OFFICER

      Mr. SITAL SUMAN

      TOWANTO BUSINESS PRIVATE LIMITED,

      5th Floor, Plot No: 47, 48, 49. Street No-1, 2nd Avenue,

      Patrika Nagar, Madhapur, Hyderabad,

      Telangana State-500081, India

      Contact

      Email Us At: [email protected]

      Mob: 62002800121

BUYER TERMS

The provisions of this section II shall be applicable only to Buyer(s). These Buyer Terms shall be read in conjunction with the General Terms and in the event of any conflict between the General Terms and Buyer Terms, the provisions of Buyer Terms shall supersede and prevail.

DEFINITIONS

For the purposes of this Section, the following capitalised terms shall have the following meaning:

i. “Buyer” shall have the meaning as ascribed under the General Terms. For the ease of reference, the terms ‘you’, ‘your’ under this section have also been used to refer to the Buyer.

ii. “Consignee” shall mean the Buyer or any person named in the Delivery Note or any of his/her representatives that takes the delivery of Shipment being transported.

iii. “Dangerous Goods” includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests.

iv. “Delivery Challan” shall mean the waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the logistics services, including name, delivery address and contact number (if applicable) of the Buyer or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and COD details (if applicable).

v. “Logistics Services” means the shipping, delivery, and other allied services provided by us to you pursuant to these Buyer Terms.

vi. “Order(s)” shall mean order placed by Buyer for purchasing Products from the Seller on the Platform.

vii. “Order Detail(s)” shall mean the details relating to the Order, including without limitation, the description of Products, details of the Seller and the Buyer, date of order placement, total amount payable by the Buyer, delivery date, mode of payment, unique order number (AWB number) etc.

viii. “Product(s)” shall mean goods of any categories (other than Dangerous Goods).

ix. “Shipment(s) / Consignment(s)” means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.

BUYER’S RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES

You represent, warrant and agree that:

a. you are a lawfully incorporated business entity and are fully able and competent to understand and agree to the Terms;

b. you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;

c. you will use the Platform and Services for business purposes only;

d. you will not use or access the Platform for your personal purposes and any Products that you purchase shall be for commercial purposes and not for personal consumption;

e. the address you provide when registering your account on the Platform is the Buyer place of business of your business entity;

f.  your business is validly existing and incorporated / established as per the provisions of applicable laws;

g. you shall comply with all applicable laws while using and accessing the Platform;

h. you and Products or services provided by you on the Platform (if any) comply with applicable laws;

i.  you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display;

j. any User Content that Buyer submits, posts or displays does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.

ii.  Buyer will be required to provide information or material about Buyer’s entity, its business, services or products as part of the registration process on the Platform or your use of any Service or the Buyer account and such information may be required to be furnished by Towanto from time to time. Buyer represents, warrants and agrees that:

k. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or any Services is true, accurate, current and complete; and

l. Buyer will maintain and promptly amend all information and material to keep it true, accurate, current and complete. 6208458066

iii.  Buyer may be required to promptly furnish additional documents or information as and when requested by Towanto to continue using and accessing the Platform and availing the Services. Buyer agrees to promptly provide such additional documents and information, failing Towanto reserves its right to take appropriate measures as set out under Clause 7 (Breaches and Suspension) of the General Terms.

iv.  Buyer consents to the inclusion of the contact information about Buyer in Towanto’s database and usage of the same as per Towanto’s privacy policy. 

PAYMENTS BY BUYERS

Upon placing the Order on Platform, Buyer can opt to make payment for the Products purchased by using any of the modes of payment made available by us on the Platform, from time to time. However, it is pertinent to note and is hereby clarified that if the Buyer opts to make payments through any such mode made available by us or any third-party engaged by us for this purpose then we or the third-party engaged by us for the same shall only act in a fiduciary capacity.

xiii. At the time of placing the Order to purchase Products from Seller on Platform, we may in our sole discretion require Buyer to pay accordin to the available payment options at the time of payment. In the event of any cancellation of the Order by the Buyer, we may in our sole discretion either:

     a. refund the paid Amount to the Buyer;

     b. forfeit the paid Amount as cancellation fee.

You agree and acknowledge that our decision in this regard shall be final and binding. If you do not agree to the above, you may choose not to transact on the Platform. If you continue to transact on the Platform, it shall be deemed that you have agreed and accepted the above terms.

xiv. Buyer acknowledges that it is solely responsible for the transactions / payments made to the Towanto for the Products purchased by the Buyer. We do not have any obligation, responsibility or liability to verify any transactions authenticated and/or authorised by the Buyer or its payment instructions.

xv. You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by us or third party banks or financial institutions, as the case may be or a payment system provider from time to time, in relation to making payments on the Platform.

 xvi. Buyer hereby acknowledges and agrees that we shall not be liable for failure of any transaction undertaken on Platform for any reason. You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the Platform.

xvii. Buyer shall comply with all the applicable regulations/ laws in relation to cash transaction as stipulated under the applicable tax laws.

xviii. Any refunds shall be subject to the Return Shipments Policy and Undelivered Shipment Policy. Refunds shall be processed in the same manner as they are received. Refund amount will reflect in the Buyer’s bank account based on respective banks policies.

LOGISTICS SERVICES

(i) We reserve the right to engage the services of third-party service providers to provide the Logistics Services to you. It is hereby clarified that so far as the collection of payments are concerned, no such logistics division party is authorised to take payment from you in cash for the goods you purchased.

(ii) Upon receipt of order for Logistics Services from you, we shall pick up the Shipment from the location as communicated to us by the Towanto and deliver the same to the location as designated by you. You agree that the title and risk in the Shipment shall pass onto you at the time the Shipment is picked up by us.

(iii) Upon receipt of Shipment, we will use our best endeavours to deliver the Shipment(s) to the Consignee to the delivery address and designated recipient in the Delivery Challan. For the avoidance of doubt, the designated recipient may not be the Buyer. We will not verify the identification of the person receiving the Shipment at the designated delivery address, however, we will obtain the signature of recipient of the Shipment on the Delivery Chalan. The Buyer hereby authorises us to contact the Buyer, at any given point of time, by way of calls or SMS or any other method of messaging (Example: WhatsApp) for transactional purposes including but not limited to order confirmations and/or delivering the Order(s).

(iv) At the time of placing the Order, if the Buyer chooses the option, ‘pay after delivery’, then he’ll have to pay the amount within 2 business from the day of delivery. There should be no cash payment against the Order at the time of delivery of the Shipment.

(v) Shipment which contain Dangerous Goods or such goods that are expressly prohibited by the railway/airport authority or any other transport agency or government authority or any other law or regulation that may be applicable, shall not be accepted by us for delivery.

(vi) Shipment addressed to a post box number or with incomplete address will not be delivered by us and the same will be rejected by us.

(vii) We reserve our right to weigh and measure the Shipment at our own weighing centres and in the event of any discrepancy, additional charges may be levied on the Shipment. Any decision by us with respect to any inaccuracy in the information or discrepancy in weight shall be final and you hereby authorize us to determine the accurate weight on your behalf.

(viii) We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us.

(ix) Consignee(s) are required to behave properly with the pickup and delivery associates of Towanto. Any misbehaviour, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms. Towanto reserves the right to suspend your use or access to the Platform in its sole discretion if deemed that a Buyer is in violation of this clause.

(x) Shipments shall be delivered on ‘as is’ basis and unless agreed otherwise, we are under no obligation to inspect the contents of the Shipment. However, we may, in our sole discretion, at any time and without notice to you, inspect the contents of Shipment to ensure compliance to these Terms.

(xi) We do not provide any open box delivery for any of the Shipments.

(xii) Every effort will be made to adhere to the delivery schedule, however, the Shipment may be delayed due to circumstances beyond our reasonable control or due to any force majeure event.

(xiii) If the performance of our obligations, in our reasonable opinion is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage whatsoever and which cannot be avoided by our reasonable endeavours, we may, on giving notice in writing to you or without notice where it is not reasonably possible to give such notice, place the Shipment or any part of them at any place which we may deem safe and convenient. We may in our sole discretion charge additional costs of carriage to, and delivery and keep at, such place and all other expenses incurred by us in this regard and such additional costs will be as displayed on the Platform.

UNDELIVERED SHIPMENT

You acknowledge that a delivery failure may occur for various reasons, as set out under the Undelivered Shipment Policy. In relation to the Undelivered Shipments (as defined under the Undelivered Shipment Policy), you agree to be bound by the provisions of the Undelivered Shipment Policy which can be accessed here(Link).

RETURNS

In case of any Return Request (as defined under the Return Shipments Policy), you agree to be bound by the provisions of the Return Shipments Policy which can be accessed here(Link).

FEES AND CHARGES 

(i) There will be no charge for registering on the Towanto’s Platform for doing business and transactions however the user (buyer or seller) has to pay any mentioned fees to Towanto if applicable.

(ii) Any taxes or a charge levied by the government (if applicable) has to be paid by the user (buyer or seller).

LIMITATION OF LIABILITY AND INDEMNITY

We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) the insufficiency of the packing or labelling of Shipment; (e) the nature, description, or contents of the Shipment; (f) any force majeure event; (g) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (h) any dispute or claims including without limitation relating to the Shipment or Products hereunder.