TERMS & CONDITIONS FOR USER OF THIS WEBSITE
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and you agree that TOUCH TROLLEY shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. 6. USER CONTENT This Website may contain photographic images and content uploaded (“User Content”) in which you or third parties create post or store any content, messages, comments, materials or other items on the Website. You are solely responsible for your use of such User Content and use them at your own risk. By posting any Content on the Website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:User Content that would infringe any copyright, trademark, patent, trade secret or other intellectual property and proprietary rights or contract rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content; Any message, comment, data, information, photographic images, sound, text or other material that is unlawful, libelous, defamatory, obscene,
pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or other objectionable;User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of TOUCH TROLLEY, is objectionable or which restricts or inhibits any person from using the Website or which may expose TOUCH TROLLEY or its users to any harm or liability of any type. Not to delete or revise any User Content
posted by any third party. TOUCH TROLLEY takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TOUCH TROLLEY liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornographic you may encounter. Your use of the User Content is entirely at your own risk. As a provider of User Content, TOUCH TROLLEY is not liable for any statements, representations and User Content provided by its users. Although TOUCH TROLLEY has no obligation to screen, edit or monitor any of the User Content posted on the Website, TOUCH TROLLEY reserves the right and in its absolute discretion can remove, screen or edit any User Content posted on the website at any time and for any reason without notice. You are solely responsible for creating backup copies of the User Content posted by you on the Website at your sole cost and expense. Any use of the Website or other provisions of the Website in violation of the foregoing violates these Terms and may result,
in among other things, termination and suspension of your account and your rights to use the Website. You acknowledge and agree that TOUCH TROLLEY may access, use or disclose any information about you or your use of this Website, including, without limitation, any User Content, personal information and other information required to comply with the law or any legal process; protect and defend the rights or property of TOUCH TROLLEY; or to protect the safety of TOUCH TROLLEY, its affiliates, parent, their respective directors, employees, officers, customers or the public. If you post User Content to the Website, unless we indicate otherwise, you grant TOUCH TROLLEY and its affiliates and subsidiaries, a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, distribute, perform and publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant TOUCH TROLLEY, its affiliates and subsidiaries and sub-licensees the right to use the name that you submit in connection
with such Content, if they choose. If you post User Content to the Site, you represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. TOUCH TROLLEY acts as a content integrator and is not responsible for the information and Content provided by User(s) to be displayed on the Website. TOUCH TROLLEY does not have any role in development of the User Content. 7. LIMITATION OF LIABILITY AND DISCLAIMER THIS WEBSITE AND TOUCH TROLLEY CONTENT ARE PROVIDED “AS IS” AND TOUCH TROLLEY AND ITS PROPRITORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. TOUCH TROLLEY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR TOUCH TROLLEY CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT TOUCH TROLLEY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE TOUCH TROLLEY CONTENT. TOUCH TROLLEY MAKES NO WARRANTY THAT THE WEBSITE OR CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Touch trolley uses reasonable efforts to ensure the accuracy, correctness and reliability of the information and Content, but touch trolley makes no representations or warranties as to the Content posted by the User(s) as to its accuracy, correctness, reliability and any other irregularity. IN NO EVENT SHALL TOUCH TROLLEY, ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OFFICERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, TOUCH TROLLEY IMAGE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSES THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES
CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TOUCH TROLLEY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TOUCH TROLLEY’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TOUCH TROLLEY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TOUCH TROLLEY FOR ACCESS TO OR USE OF THE WEBSITE.Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. 8. INDEMNIFICATION You agree to indemnify and hold TOUCH TROLLEY, its affiliates, subsidiaries and their respective directors, employees, officers and agents harmless against all claims or liability asserted against TOUCH TROLLEY arising out of or in connection with any breach by you or anyone acting on your behalf of any of the Terms and Conditions of this Agreement. You shall defend, indemnify and hold TOUCH TROLLEY, its affiliates, subsidiaries and their respective directors, employees, agents and officers harmless from all damages, liabilities and expenses (including reasonable attorney’s fees and permitted and authorized costs) arising out of breach of this Agreement as a result of claims by third parties relating to your use and act relating to this Agreement or any breach of this Agreement. Such indemnification is in addition to TOUCH TROLLEY’s right to terminate for a breach of the representations and warranties and is not a waiver or limitation of TOUCH TROLLEY’s other rights or remedies. 9. GOVERNING LAW AND JURISDICTION Any dispute, violation, controversy, contest or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (hereinafter the “Disputes”) shall be resolved amicably in the first instance. The Parties agree to meet to resolve such dispute in good faith. Should such a solution not be reached, within  days from the date of commencement of the dispute, difference or disagreement or such longer period of time as may be mutually agreed by the Parties in writing, such dispute, difference or disagreement
shall be referred to Arbitration and shall be finally resolved through arbitration conducted by a tribunal of three arbitrators, with the right of each party to appoint an arbitrator, who in turn will appoint a Presiding Arbitrator. The Presiding Arbitrator shall pass a speaking award. Any order/directions/awards of the majority of the tribunal shall be final and binding on both the parties. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act 1996 and Rules there under as at present in force. The seat of arbitration shall be Delhi, India. The arbitration shall be administered in accordance with its practice, rules and regulations. If the award passed in the Arbitration proceeding is not acceptable to any of the Party, then the Party is free to approach the appropriate court of law as agreed herein below. This Agreement shall be construed in accordance with and governed by the laws of India without giving effect to their conflict of laws principles or rules. The courts at Delhi, India shall have exclusive Jurisdiction. 10. TERMINATION Not with standing any of these Website terms and conditions, TOUCH TROLLEY reserves the right, without notice in its sole discretion, to terminate your account and/or block your use of the Website. Upon termination, you must destroy and cease to use all materials obtained from this Website, copies and related documentation thereof with immediate effect. 11. REMEDY FOR BREACH You agree that any breach of this Agreement by you or your representatives would cause TOUCH TROLLEY irreparable harm, injury, loss and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other remedies TOUCH TROLLEY may have at law or in equity, TOUCH TROLLEY shall be entitled to injunctive and other equitable relief in the event of any such breach of this Agreement by you or your representatives. 12. SEVERABILITY If one or more of the provisions contained in this Agreement is found to be invalid, illegal or enforceable in any respect, the validity,legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable. 13. WAIVER No action of TOUCH TROLLEY, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of TOUCH TROLLEY of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion. Any rights not expressly granted herein are reserved. 14. TOUCH TROLLEY reserves the right to change any terms and conditions contained in this Agreement or any policy or guideline of the Website, at any time and in its sole discretion. Your continued use of the Website following the posting of such changes will constitute your acceptance of such changes. 15. CANCELLATION POLICY TOUCH TROLLEY believes in helping its customers as far as possible, and has therefore a liberal cancellation policy. Under this policy: In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 24 hours of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision. 16. REFUND POLICY If you are, for any reason, not entirely happy with your purchase, we will cheerfully issue a full refund. To request a refund, simply CONTACT US with your purchase details within ninety (10) days of your purchase. Please include your order number (sent to you via email after ordering) and optionally tell us why you’re requesting a refund – we take customer feedback very seriously and use it to constantly improve our products and quality of service. Refunds are being processed within 21 days period.