TERMS & CONDITIONS
This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time 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 and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.ToothMonk(TM).in website and its mobile applications.
1. GENERAL
Toothmonk.com an internet-based portal and “Toothmonk”, a mobile application, (hereinafter together be referred to as “Website”) registered as Toothmonk Speciality Retail LLP (hereinafter to be referred to as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Limited Liability Partnership Act, 2008, having its registered address D-41 Vishal residency, Opp Devpriya complex, Ahemdabad-15
For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who accesses, uses, or subscribes to our Website, agrees to become a buyer on the Website or avails or offers to avail any of our services.
Use of the Website is offered to You, subject to acceptance of all the terms, conditions, and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments/modifications made time to time by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).
The Company reserves the right to change or modify these Terms or any policy or guideline of the Website including the Privacy Policy, at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, We will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website.
By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely by browsing the Website, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.
Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf. Where you use any third-party website or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.
2. PRODUCTS AND SERVICES
The Website is a platform that facilitates, as an intermediary, the online requisition by the User for the purchase of oral care products and wellness /oral health-related products and services offered by the Company’s various registered third-party/ies (third parties shall for the purpose of this Terms, include without limitation, third party retail pharmacies, third-party labs et al) (“Products and Services”). The sale & purchase/transaction between the registered third parties and You, of Products and Services, facilitated by the requisition placed by You on the Website shall be governed by these Terms. Company is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between You and the third parties.
Technology Platform for Oral health care Products –The Website facilitates the purchase of oral health care products and other pharmaceutical products, (which shall also include Over the Counter (OTC) and wellness products) offered by third-party retail pharmacies (“Retail Pharmacies”). The Company and the Website merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website. All items offered for sale on the Website, and content (including product descriptions, images, and the like) made available by the Retail Pharmacies, are third-party content and describe third-party products and services. The Company has no control over such third-party user generated content, Products or Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity, accuracy, or genuineness of the Products and Services made available by the Retail Pharmacies through the Website shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Products and Services being facilitated through the Website. The Company does not take any representation or warranty as to the legal title of the Products and Services offered for sale by the Retail Pharmacies on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website. The Company is not responsible for the delayed performance, non-performance, or breach of contract entered into between You and the third party for the purchase and sale of goods or services offered by such Retail Pharmacies on the Website; The Company gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the Products and Services which are out of stock, back ordered, or otherwise unavailable, but was shown as available on the Website at the time of placement of the order by You. Content: You agree and acknowledge that the respective Stockiest and distributors are exhibiting third-party content which includes catalog of oral care products or services, and information in relation to such oral care products or services, on the Website. The content available on the Website, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any product being offered for sale by the OEM, Manufacturer, Stockiest and distributors on the Website or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available is not misleading and describe the actual condition of the Products and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity or accuracy of the information provided on the Website and You must do Your own check. The ranking of goods and services as provided on the Platform are determined after the collection of rating and feedback from the User, and the Company shall not be in any manner held responsible for accuracy of the same. If OEM, Manufacturer, Stockiest and distributors or Users find any wrong information on the Website in relation to such Retail Pharmacy, Products, or Services, they may contact the Company immediately for such corrections. The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third parties…
3. ELIGIBILITY OF USE
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. The Products shall also not be available to any Users suspended or removed from the Company’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the Products through the Website. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by the Website, through Your legal guardian in accordance with the applicable laws. Company reserves the right to terminate your membership and / or refuse to provide You with access to the Website if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years. Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same. You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
4. USER ACCOUNT, PASSWORD AND SECURITY
Company shall enable You to make the requisition of Products and Services available to You through the Website, only if You have provided Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account (“Account”) through Company ID and password or other log-in ID and password, which can include a Facebook, Gmail, Yahoo ID or any other valid email ID (collectively, the “Account Information”). The transaction and delivery of the Products by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimers & notices if any (“Additional Terms”). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The Website requires You to register as a User by creating an Account in order to avail the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account or Account Information or any other breach of security,
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. The company does not store personally identifiable information in the cookies.
5. PRICING INFORMATION AND PAYMENT
The company strives to provide You with the best prices possible on the Products You require from the Website. The pricing details for the purchase of Products from the Website are detailed under these Terms. Further:
1. All commercial terms such as price, delivery, and dispatch of Products and/or services are as per principal-to-principal bipartite contractual obligations between the User and the third parties.
2. Your relationship with Company is on a principal-to-principal basis and by accepting these Terms You agree that Company is an intermediary for all purposes and does not have control of or liability for the products or services that are listed/ offered on the Company’s Website. The company does not guarantee the identity of any third parties, nor does it ensure that a User or a third party will complete a transaction.
3. You, as a User, understand that upon initiating a requisition on the Website, You are entering into a legally binding and enforceable contract with the third party to purchase the Products and /or Services from the third party on a cash-on-delivery basis or such other mode as may be specified by Company.
4. You, as a User, shall electronically notify Company using the appropriate Company’s Website features immediately upon Delivery or non-delivery within the time period as provided in these Terms. Non-notification by You of delivery or non-delivery within the time period specified in these Terms shall be deemed as delivery in respect of that particular order.
5. You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company.
6. Refund shall be made in Indian Rupees only and shall be equivalent wholly or a part of the Transaction Price received in Indian Rupees.
7. Refund shall be subject to the User complying with these Terms.
8. Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by the User with the Company or breach of any policy.
9. The User and third-party acknowledge that Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.
10. You acknowledge that Company is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006, and the rules framed thereunder.
11. You acknowledge that Company is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940, and the rules framed thereunder.
12. The User also agrees to pay a nominal fee as mentioned hereunder.
In order to process the payments for Your orders, the Company might require details of Your bank account, credit card number, etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no applicable payment charges levied on any transactions. Click here to see the list of our available payment methods and payment partners.
Subscription Fee- Any subscription fees for the Services charged by the Company, could be paid online through the facility made available on the Website. Such online fee payments are also processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company.
Taxes- Each User / third-party service provider is solely responsible for the payment of all taxes, legal compliances, statutory registrations, and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.Security Measures- The payment made for every transaction is done through API integration. Moreover, You may also check Our Privacy Policy to understand how the Company uses the confidential information provided by Users.
The Company reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network, or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work toward the best interest of the User.
Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitation, banks/payment gateways/payment aggregators/network operators without involving the Company.
Click here Page Content-
1. GPay- https://support.google.com/pay/india/gethelp
2. Paytm- https://paytm.com/care/ticket
3. Amazon Pay- https://www.amazonpay.in/contact
4. PhonePe- https://www.phonepe.com/contact-us/
5. Mobikwik- https://blog.mobikwik.com/contactus/
6. Airtel Money- https://www.airtel.in/personal/money/contact-us
7. OlaMoney- https://www.olamoney.com/support/index.html
8. Diners Club- https://www.dinersclubus.com/home/customer-service
9. Visa, Mastro, Rupay and Maestro cards;
10. Cash on delivery for offline payments.
11. *The above list of payment methods and payment partners is subject to modifications and may change from time to time at the sole discretion of the Company.
6. USE OF MATERIALS
- You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter product catalogs or any other materials available on the Website;
- You may not distribute or sell, rent, lease, license, or otherwise make the Product catalogs or any other materials available on the Website available to others; and
- You may not remove any text, copyright, or other proprietary notices contained in the Product catalogs or any other materials available on the Website.
The limited rights granted to You in the Product catalogs, or any other materials as specified above do not confer upon You any rights to the design, layout, or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogs or any other materials available on the Website shall not be copied or retransmitted unless expressly permitted by Company. Any software that is available on the Website is the property of the Company or third parties. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of Company. Any purchase of the merchandise or Services from the Website will be strictly for the personal use of the User. The User hereby expressly agrees that any merchandise or Services purchased by the User will not be sold, resold, bartered, or in any way be used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandise purchased are not transferrable to any third party for profit.
7. USAGE CONDUCT
You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Website. You are also under an obligation to use this Website for reasonable and lawful purposes only, and You shall not indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and You shall not re-sell the same to any other person. Once you subscribe with the Website, You shall use the prescription exclusively to purchase medicines via the Website and shall not use the same prescription to fulfil the medicine requirement from other retailers unless the medicines are not supplied for any reason via the Website’s partner third parties.
8. INTELLECTUAL PROPERTY RIGHTS
The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, and computer code (collectively, the “Content”) on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos, and service marks displayed on the Website (“Marks”) are the property of the Company or their third-party partners or respective third parties. You are not permitted to use the Marks without the prior consent of the Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “ToothMonk(TM)”, the domain name “www.toothmonk.com”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company or third-party owner of such Content.
9. RETURN, REFUND, CANCELLATION AND SHIPPING CHARGES:
We offer returns and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the cancellation, shipping charges, returns, and refund policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms and the Users are requested to carefully read the same.
10. ADVERTISEMENTS
As part of the Services provided by Us; We may facilitate and allow third-party advertisers (“Third Party Advertisers”) to place advertisements on the Website.
For Users: The Website clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to applicable laws, these Terms (except the editorial policy), and the Privacy Policy.
For Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising consumer protection.
General Rules: The Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms and/ or the Privacy Policy, from time to time. Such changes shall be made applicable when they are posted. We may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules, and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous. We are not responsible for any liability arising from an advertisement by a Third Party Advertiser.
The Company reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, the Company also reserves the right to request modifications to any advertisement and to require factual substantiation for any claim made in an advertisement
11. DISCLAIMER OF WARRANTIES AND LIABILITIES
You expressly understand and agree that to the maximum extent permitted by applicable law the Website, services, and other materials are provided by Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the services will meet your requirements or that your use of the Website or the services will be uninterrupted, timely, secure, or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through or from the use of the services shall create any warranty not expressly stated in the Terms.
To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. The company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.
The company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any services or materials, either with or without your knowledge. The company has endeavored to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or service. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Company’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The company is not responsible for any typographical error leading to an invalid coupon. The company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties. The company shall not be liable for any third-party product or services. The advertisement available on e-mail or Website with respect to the third-party website or the Products is for information purposes only. You expressly agree that Your use of the Website is at Your risk.
12. INDEMNIFICATION AND LIMITATION OF LIABILIT
You agree to indemnify, defend and hold harmless the Company including but not limited to its affiliates, vendors, representatives, directors, agents, and employees from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arises out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company’s entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners, or suppliers be liable to You, the vendor, or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials. The company is not responsible for any non-performance or breach of any contract entered into between Users and third-party service providers. The company cannot and does not guarantee that the concerned Users and/or third-party service providers will perform any transactions that are entered into on the Website. The company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third-party service providers. Company does not, at any point of time during any transaction between Users and third-party service providers on the Website come into or take possession of any of the Products or Services offered by third-party service providers nor does it at any point gain title to or have any rights or claims over the Products or Services offered by third-party service providers to Users. At no time shall Company hold any right, title, or interest over the products, nor shall Company have any obligations or liabilities in respect of such contract entered into between Users and third-party service providers. The company is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13. VIOLATION OF TERMS
(1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company.
14. TERMINATION
- You breach any of the provisions of the Terms, the Privacy Policy, or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
- Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
- The provision of the services to You, by Company, is, in Company’s opinion, no longer commercially viable;
- Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
- Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason.
Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services. You agree that all terminations shall be made in Company’s sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder. Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company
chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.
15. GOVERNING LAW
These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Ahmedabad,Gujarat, India and You hereby accede to and accept the jurisdiction of such courts.
16. REPORT ABUSE / GRIEVANCE REDRESSAL
In the event, You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report it to Company’s customer support team.
If You have any concerns about the Terms or grievances about the Website or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our grievance redressal officer at:
- Name: Dr. Anupriya Malonia
- Address: D-41 Vishal residency, Opp devpriya complex, Ahmedabad-15
- E-mail: hello@toothmonk.com
17. PRIVACY POLICY
Company collects, processes, and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and complete delivery of products and services requested by You. The company views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy, available at www.toothmonk.com to understand how the Company collects, processes, shares Your information, and maintains data security practices in relation to Your information.
18. COMMUNICATIONS
You hereby expressly agree to receive communications by way of SMS, e-mails, or any other mode from Company, phone calls relating to the Products offered through the Website and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018. A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by:
- Visiting www.toothmonk.com to unsubscribe from messages/ SMS; and
- Newsletters are sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of the newsletter received through e-mail.
19. GENERAL PROVISIONS
Notice: All notices of the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to hello@toothmonk.com
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company’s rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.
Severability: If for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right