Terms of service

This document is an electronic record in terms of the Information Technology Act, 2000 and rules framed thereunder as applicable, and the amended provisions relating to electronic records in various statutes in force 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, which require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the website.

Tom & Darin is the owner of the domain name.

USER AGREEMENT

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the Agreement) governs your use of this website, www.tomanddarin.com. Tom & Darin offers products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Tom & Darin reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or revised terms of the agreement on this Website. Any change or revision in this agreement will be reflected with the date of change or revision on the top of this agreement. The changed or revised Agreement shall be effective immediately after it is posted on this Website. Your use of the Website or the services available on the website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.

Tom & Darin encourages you to review these terms of user Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Tom & Darin for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website, which includes the services available on the same. By implicitly or expressly accepting these Terms of Use, You also accept and agree to be bound by Tom & Darin’s Policies (including but not limited to Privacy Policy) as amended from time to time. If you would like to print this Agreement, please click the print button on your browser toolbar.

IMPORTANT DISCLAIMERS

The following disclaimers are essential for determining any relationship between You and Tom & Darin for your use of any services on the website:

1. Tom & Darin, its associates, affiliates, and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted.
2. You understand, agree, and acknowledge that Tom & Darin uses third-party service providers to store and process your personal information and other information which you provide to Tom & Darin (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and/or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over Tom & Darin. You agree and understand that Tom & Darin provides no guarantee, warranty, or assurance that such third-party service providers will protect Your personal information and Tom & Darin shall not be liable for any actions, commission, omission, misconduct, fraud, or negligence (whether in contract or tort or under public policy) of these third parties.
3. You understand, agree, and acknowledge that Tom & Darin will not be liable for any claim of recovery of damages, payments, repayments, or any monetary claims for banking fraud or negligence or damages arising from financial losses, mental agony, or harassment or whatsoever kind of action in tort or public policy or otherwise on account of leakage of any of your information including bank details, card details, or any other delicate personal information in case the website www.tomanddarin.com is hacked by any third party’s intervention through local intervention or international threats including through widespread viruses, spams, Trojans, etc. which are circumstances beyond the control of Tom & Darin and for which no fault can be attributable. Tom & Darin guarantees no security of personal information in such a situation and none of our privacy policy will be applicable in such a situation until everything on the website is restored to normal.
4. You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.

MEMBERSHIP ELIGIBILITY

In order to use the service of Tom & Darin through the website, you may use guest login or you may create your own Tom & Darin account to use certain Tom & Darin Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. To create your Tom & Darin account you must be eligible to enter into a contract under the Indian Contract Act, 1872. “Incompetent persons” under the Indian Contract Act, 1872 are not eligible for a Tom & Darin account. Any minor i.e. a person below the age of 18 years can use the website and transact only through its legal guardians or Parent. Tom & Darin reserves the right to terminate your account / refuse to provide its services if it is discovered the person using the website and making transactions is an “Incompetent person” under the Indian Contract Act, 1872 who cannot enter into Contract. Any person who creates an account with Tom & Darin will be called/referred to as a Registered User.

YOUR ACCOUNT & REGISTRATION OBLIGATIONS

If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current, and complete information about yourself as prompted by the Website registration form or provided by You as a Visitor. If you provide any information that is untrue, inaccurate, not current, or incomplete or Tom & Darin has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with the present terms of use agreement, Tom & Darin has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website and to provide its services.

ELECTRONIC COMMUNICATIONS

When You use the Website or send emails or other data, information, or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via