The following terms of service constitute a binding legal agreement (the "Agreement") between You and Blutron Technologies Private Limited, company incorporated in New Delhi, India (hereinafter referred to as "TOTOKO" or We or Us or "Licensor")), (which expression shall include its successors and assigns), setting forth the terms and conditions ("Terms") under which the TOTOKO Application (the "App") and any related services (collectively "Services") will be licensed to You by TOTOKO.
By accessing, downloading, installing the App, and using the Services, You represent to TOTOKO that You are competent to enter into a contract and You have read this Agreement, understand it and agree to be bound by its Terms. Please review the Agreement carefully before accessing, downloading and installation.
TOTOKO is a piece of software created to help users manage their household items via mobile application.
Users can add and store their household product information on the app. This includes company(brand) and product details; images of product bills and/or warranty cards along with the information they contain; Product warranty details with any information on extended warranty (if applicable). On the app, Users can connect to the respective product customer care helplines via call and/or WhatsApp. With the necessary warranty details, users have an option to get notifications about their product warranty expirations, and then get connected to the concerned service provider (OEM or third-party service provider) to buy extended warranty/AMC, all form the application.
TOTOKO reserves the right to suspend or withdraw this App, at any time, without notice.
Consent to Data: You acknowledge and agree that TOTOKO will be able to access and adjust Your downloaded licensed Application content; any information provided by you, or collected while downloading, installing or using the services; and that TOTOKO's use of such material and information is subject to TOTOKO's Privacy Policy section.
You agree to notify TOTOKO immediately of any unauthorized use or breach of security of Your mobile phone. TOTOKO shall not be liable for Your losses caused by any unauthorized use of Your account, You shall be liable for the losses of TOTOKO or others due to any such unauthorized use.
The App can also be downloaded from third party App stores including Apple App store, Google Play etc. You agree to comply with all third-party terms and conditions & privacy policy, if any, applicable to the use of the App or related services. TOTOKO shall not be responsible for violation and infringement of any third party right, terms and conditions in connection with access, download installation, or use of any services of the App by You.
For avoidance of any doubt this License is personal, non-exclusive, non-transferable, non-sub licensable, revocable and a limited license to download and use the App on a mobile device that You own or control.
Subject to the Terms and compliance here, TOTOKO shall grant You a license to use the Services provided that:
Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
Violations of the obligations mentioned above, as well as any attempt of such infringement, may be subject to prosecution and damages. Licensor reserves the right to modify the terms and conditions of licensing.
You represent and warrant that:
By using the App, You irrevocably waive the right to assert any claim with respect to any of the foregoing, and any other claim related to Your use of the App, against TOTOKO or any of its employees, affiliates, assigns, directors, successors, agents, shareholders or officers.
You shall be solely responsible for all Account contents and profile Data that You upload, share, display or transmit through the App or the Site, (collectively the "Contents") including but not limited to Your profile information (including name, phone number, address etc.) photos (including product bills, warranty cards, extended warranties etc.), messages, information provided to third-party service providers etc.. TOTOKO does not guarantee as to the accuracy, validity or legal status or confidentiality with respect to any Contents and You shall be solely responsible and assume all risks for any consequences of posting, uploading, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in "Code of Conduct" above. You further agree that Content You transmit over the App will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have permission from the rightful owner of the material or You are otherwise legally entitled to use or transmit the material and to grant TOTOKO all of the license rights granted herein.
You understand and agree that TOTOKO may review the App and the Site and may delete or remove (without notice) any Content in its sole discretion, for any reason or no reason including any Content that in the sole judgment of TOTOKO violates the Terms of this Agreement. When You post Your Content on the App or related services, You grant, to TOTOKO, a non-exclusive, worldwide, royalty-free, sub-licensable, irrevocable, and transferable license to copy, use, reformat, translate, prepare derivative works, display, excerpts and distribute such Content for or in connection with the use of the App or Site. TOTOKO does not assert any ownership over the Contents and subject to the rights granted to TOTOKO in this Agreement, You retain full ownership of all of Your Contents and proprietary rights associated with the Contents.
User Communication: TOTOKO reserves the right to send You periodic communications for the purpose of sharing new updates with You. We may send You messages relating to the availability of the services, Security, we also may send You promotional messages thru push notification, SMS or other means of communication on Your devices. You can change Your setting at any time. For the avoidance of doubt, it is clarified that any part of Your Content shared to any of the third-party service providers may remain with them after You delete Your account till it is deleted by such contacts.
TOTOKO will require permission to call on your behalf (to the respective customer care helplines, send a standard text("Hi!") on WhatsApp, access your location etc. In the event You opt in for the feature, You grant TOTOKO the said permission. You can opt out of this feature anytime via your mobile Settings
TOTOKO reserves the right at any time to restrict (without cause and without any notice to You), interrupt, discontinue or modify, temporarily or permanently, the App, Site (or any part thereof) with or without any prior notice. You agree that TOTOKO shall not be liable to You or to any third party for any suspension, or modification of the Site or the App.
You acknowledge and agree that the App, the Site and all Patents, trademarks, trade names, service marks and other intellectual property rights associated therewith are, and shall remain, the property of TOTOKO and its licensors, as applicable. All software used on the App and the Site is the property of TOTOKO or its software suppliers and protected by Indian and international copyright laws.
All content related to TOTOKO business and corporate activities embedded in the App and included on the Site (except any third-party logos, icons etc., which are the property of the respective owners) , including any text, logos, graphics, button images, icons, audio clips and software, is the exclusive property of TOTOKO or its licensors and is protected by applicable legislation concerning protection and preservation of intellectual property rights and applicable Indian and international treaties governing intellectual property.
Any use except as specifically permitted, including the distribution, reproduction, transmission, modification, republication, display or performance, of the content on the App and the Site is strictly prohibited except as otherwise permitted by law.
TOTOKO's trademarks may not be used in connection with any product or service that is not TOTOKO's; in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TOTOKO; except as authorised by TOTOKO in writing.
You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, your use of the app is at your sole risk and discretion.
The app is licensed "as-is," "with all faults," and "as available." you bear the risk of using it.
Limitation on and exclusion of remedies and damages. To the extent not prohibited by law, you can recover from TOTOKO only direct damages up to the amount you paid for the app. You agree not to seek to recover any other damages, including consequential, special, indirect or incidental damages from any distributor.
TOTOKO makes no warranty against interference of your enjoyment of the app and related services; for damages or losses including any personal injury arising from or in any way related to your access or use of the app, use of any content transmitted, posted, or otherwise made available via the app or following a suspension , failure, or withdrawal of all or part of the app at any time; any bugs, viruses, or the like which may be transmitted to or through our app or related services, that the app will be error-free or bug-free, functional, uninterrupted, or meet your requirements; regarding the security, reliability or timeliness of the app; that any errors, bugs or failures in the app will be corrected. You expressly agree that use of app and related services is at your own risk, purely voluntary on your part, and therefore agree to bear any and all risk whatsoever and/or howsoever caused. Any material or content downloaded through your use of the app is at your own risk and discretion and you will be solely responsible for any damage or loss of data occurring on your device or any other loss or damages of any kind resulting from the download and use of the app. No advice, course of conduct or information, whether oral or written, obtained by you from TOTOKO or any party or through the app shall create any warranty unless expressly stated in this agreement.
Whilst TOTOKO shall undertake all reasonable efforts and due diligence to ensure security and integrity, TOTOKO shall, in particular, not be liable for the following: delay or errors in transmission and/or storage of information to or through TOTOKO that might occur from time to time; intrusion, distortion, loss or forgery of data, etc due to act of any third party, failure of any software and/or hardware or telecommunication service provider(s) used by us or any other act beyond our reasonable control.
You shall be liable for any consequences whatsoever resulting from anything transmitted or caused to be transmitted by you, to or through the app.
All the products, services and company names used/mentioned in the App are only for identification purposes. TOTOKO doesn't own any logos, icons, product, company and service names used in the application. TOTOKO only helps users connect to third-party services to ease out the process of managing items listed on the application. This includes connecting (via Call, email, SMS, WhatsApp etc) to the respective customer care services; other companies providing services related to product repair, extended warranty, AMC etc., through the App or the Site. TOTOKO does not guarantee quality of service, response, resolution from the above-mentioned companies (including OEMs) or service providers, and is not responsible for any communication and transaction.
To the maximum extent permitted by applicable laws, under no circumstance shall TOTOKO, its directors, employees or agents be liable to You or any third person for personal injury, or any special, incidental, indirect, consequential or punitive damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, loss of confidential information, failure to transmit or receive any data, loss of privacy, business interruption, loss or corruption of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of App, or following a suspension, failure or withdrawal of all or part of the App, or the Site at any time, any third party content, software or functions used in connection with the App even if TOTOKO or any of its agents have been advised of the possibility of such damages.
TOTOKO shall not be liable to You for any eventuality caused directly or indirectly by acts of governments, any act of God, declared or undeclared wars, insurrections, any form of civil unrest, or any act of similar naturPrivacy Policye beyond TOTOKO's reasonable control.
You agree to indemnify, defend and hold harmless TOTOKO, its agents, affiliates, subsidiaries, and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, damage, loss, cost, liability, demand or expense (including but not limited to attorney's fees) of any kind arising out of:
This Agreement shall be governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts in New Delhi, India for all disputes arising out of or relating to this Agreement.
If one or more provisions of this Agreement are held to be unenforceable under Applicable Law(s), the remainder of this Agreement shall be valid and enforceable.
We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include removing terms from and/or adding new or different terms to this Agreement. Use of the App after such notice of any change shall be deemed to be an acceptance to the amended Agreement.
While we will make reasonable efforts to keep you posted on any updates to the terms and conditions, we recommend that you review this Agreement periodically to make sure that you are aware of any changes.
This Agreement commences on the date You accept the Terms of this Agreement. We may suspend or terminate the use of the Site or App without notice, at our discretion. Upon termination, TOTOKO shall have no liability to You, and would have no further obligations under this Agreement.
Immediately upon termination, (a) You must cease all use of the App and related services;
(b) the rights granted to You herein shall terminate;
Additionally, Your rights under this Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement including any form of misuse of the App or the Site.
Any section(s) that may be reasonably interpreted to, or are intended to survive this Agreement will survive this Agreement.
You acknowledge that You have read this Agreement, understand it and agree to be bound by its Terms and Conditions. You also agree that this Agreement (including the Privacy Policy) is the complete and exclusive statement of the Agreement between TOTOKO and You; and supersedes all representations or prior agreements, written or oral, and any other communications between TOTOKO and You relating to the subject matter of this Agreement.
Last updated July 12, 2021
Thank you for choosing to be part of our community at Blutron Technologies Private Limited("we", "us", "our"), doing business as TOTOKO (the "App"). The words "You" and/or "your" refer to our customers/users.
This Policy is to inform the users about the policies and procedures regarding the collection, disclosure and use of personal data("Personal Data") defined below.
This is part of our Terms of Service and applies to your Information that is collected in connection with the download, installation and use of the App and related services.
If there are any terms in this privacy notice that you do not agree with, please discontinue the use of our services immediately.
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Application (App) means the software program provided by the Company downloaded by You on any electronic device, named TOTOKO
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Blutron Technologies Private Limited, Taimoor Nagar, New Delhi.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application.
Usage Data is the data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
You refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
This information helps us provide you the features of our Application, and helps us improve and customize best possible services for You. The collected information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.
We collect personal information voluntarily provided by you to us when you register on the App; participate in activities on the App, or contact us.
This information may include, but is not limited to:
All personal information provided by you must be accurate and complete. You must notify us of any changes to such personal information.
While using Our Application, in order to provide features of Our Application, We may collect, and store with Your prior permission, product related information.
This includes, but is not limited to:
In the interest of protecting Your privacy and for security measures, TOTOKO ensures to take reasonable steps to identify and authorize You while registering Your mobile phone number and granting You use of the App.
We automatically collect certain information when you use, navigate or visit the App. This information may include(but not limited to) device and usage information- such as your IP address, operating system, browser and device characteristics like device name, device model, mobile network, communication information including contacts and call logs, location, language preference, transactional and promotional SMS app notifications, Usage Data on our App and other technical information. This information is primarily needed to maintain the security and operation of our App, and for our internal analytics and reporting purposes. We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.
We may request permission or access to certain features from your mobile device, including your mobile device's camera, storage, reminders, push notifications and other features. You can always change these in your device's settings.
We may use mobile analytical tools such as Google Firebase and UXCam.
Fireabase:
UXCam may be used to record the following:
UXCam does not collect personally identifiable information and does not track your browsing habits across apps. For more information kindly visit the privacy policy section of UXCam. Any kind of information collected by these tools is to better understand the user requirements and improve their experience.
We may use Your data to the extent that is necessary to maintain or further develop and enhance our App; ensure the functionality and security of our services; and to prevent and investigate any fraud or misuse.
This includes, and is not limited to Account creation and management; undertake research and analytics to improve our products/services; data security; to contact you by telephone calls, SMS, mail, push notifications etc. regarding updates or communications related to the functionalities, and request. query management.
We may disclose the available user Information as required pursuant to applicable laws, a directive or order of a government entity or statutory authority or any judicial or regulatory authority or to law enforcement agencies in any official investigation including but not limited to cyber incidents, prosecution and punishment of offences.
We may transfer Your data/content or any other information collected, stored, processed by TOTOKO to any other organization or entity located in India or outside India, in cases where it is necessary for providing services to You in connection with App.
We may share your information to third-party vendors, service providers, agents or contractors who perform services for us or on our behalf, and require access to such information to do that work. This is to monitor and analyse the use of our Service- for data analytics, understanding usage patterns, determining the effectiveness of our marketing and promotional campaigns; evaluate and improve our services and/or products etc. This helps us to better understand how users are interacting with our app, and what can we add/change to better serve your needs and interests.
On using our App, TOTOKO or any related services, You authorize us to contact You for any notifications and/or promotions in relation of our App, notwithstanding that Your number may be registered in the respective Do not Call Registry in Your jurisdiction.
If You do not agree with any of the Terms including our Privacy Policy, You may delete Your account by contacting us on helpdesk@totoko.in. or stop using the App. Upon deletion of Your profile/account, Your data and any associated Contents, except to the extent required to be retained under applicable law will be deleted from our servers.
We have implemented commercially reasonable physical, operational and technical security measures to protect the misuse, loss or alteration of your data.
This includes, where appropriate, the use of secure server facilities, firewalls, implementing proper access rights management systems, standard authentication and encryption policies for our servers and other reasonable measures. Our security practices and procedures limit access to personal information on need-to-know basis only.
Although we do our best to protect your personal information, any information you upload, share, or transmit, to and from our App is at your own risk. You should only access the App within a secure environment.
If we learn of any security breach, we may attempt to notify you electronically so that you can take appropriate steps.
We will retain Your Personal Data only for as long as is necessary for the reasons set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to resolve issues and comply with our legal obligations.
We will also retain your Usage Data for internal analysis purposes. This data is used to strengthen the security, or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
This privacy policy will be reviewed and updated from time to time. The updated version will be indicated by a "Last updated" date and will be effective as soon as it is accessible.
If we make material changes to this privacy notice, we may notify you either by posting a notice or by directly sending you a notification. We encourage you to review this page periodically for any changes. Once posted, those changes are effective immediately. Continued access or use of the App constitutes Your acceptance of the changes and the amended Policy.
Our Services may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
The App can be downloaded from third party App stores like Google Play, Apple App store etc. You agree to comply with all third-party privacy policies (if any), applicable to the use of the App or related services. TOTOKO shall not be responsible for your use of any third-party products and or service including their terms and conditions and or violation and infringement of any third-party rights, policies, in connection with access, download or installation of the App.
If you have any questions or suggestions about this document, do not hesitate to contact us at helpdesk@totoko.in
We will strive to address Your feedback and concerns in a timely and effective manner.
The complaints shall be redressed in the manner provided under the (Indian) Information Technology Act, 2000 and rules framed thereunder.
