Terms and Conditions at ToneOp Care: Your Trust, Our Priority

Terms & Conditions

NATURE AND APPLICABILITY OF TERMS AND CONDITIONS

ToneOp.care is an online service owned, operated and managed by BANSAL TECH PROFESSIONALS PRIVATE LIMITED (“BTPL” or “we” or “us”), which has its registered office in Bhopal, Madhya Pradesh, India . You (“User” or “customer”) are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (“User Agreement”), which is for a period of indefinite duration, by using/accessing the website, and you understand and agree that you are bound by such terms until the time you access this website.

We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting the website and/or purchasing anything (“Products”) from us, you engage in our "Service" and agree to be governed by the following terms and conditions ("Terms & Conditions"), as well as any other terms and conditions and policies linked herein and/or accessible through hyperlink. These Terms & Conditions apply to all users of the website, including, without limitation, browsers, suppliers, customers, merchants, and/or content creators.

BTPL reserves the right to change or revise the terms and conditions of this User Agreement at any time by posting any changes or a revised User Agreement on this website. The changed or revised User Agreement will be effective immediately after it is posted on this website. Your use of the website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. BTPL recommends you review this 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 BTPL for other products or services. Acceptance is solely restricted to these Terms & Conditions if these Terms & Conditions are deemed an offer. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the website.

This User Agreement is an electronic record in terms of the 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 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 & conditions for access or usage of the website/platform. You agree to be bound by these Terms & Conditions by accessing or using any feature of the website.

OWNERSHIP OF RIGHTS

Without the express consent of BTPL, any use of this website or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non-commercial use, is forbidden. Copyright and other intellectual property laws protect any information displayed, communicated, or carried on the website. Third parties may own copyrights and other intellectual property in relation to some of the content on the website. BTPL or its licensors created, updated, and maintain this website. You agree not to edit, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, repost, perform, display, or commercially exploit any of the material on the website.

ELIGIBILITY

Use of the website is available only to persons who can form legally binding contracts under applicable law.

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including un-discharged insolvents etc., are not eligible to use the website.

We reserve the right to terminate your membership and refuse to provide you with access to the website at our sole discretion. The website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this website are appropriate for use or available outside India.

Customers who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit the direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation. If we receive an order from such states or to be delivered to such states under such circumstances, we retain the right to accept or reject the order at our sole discretion.

Those who choose to access this website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having an open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail, notwithstanding any variance with any other terms of any order submitted.

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 electronic records from us periodically and as and when required. We may communicate with you by email or by another mode of communication, electronic or otherwise.

ACCESS TO THE WEBSITE

To use the website, you must have an Internet connection and pay any Service Fees connected with such access. Furthermore, you must furnish the essential Internet access equipment. You are entirely responsible for the purchase, hookup, installation, loading, operation, and maintenance of any hardware, software, telephone (cable or other) service, and Internet access service to your Personal Computer, as well as any associated charges. Before using your hardware or software, you are completely responsible for scanning it for computer viruses and other issues. We fully disclaim all duty or responsibility for any mistakes or failures caused by the malfunction or failure of your hardware or software while using the website.

ACCURACY OF INFORMATION DISPLAYED ON THE WEBSITE

We have taken every measure and effort to deliver reliable statistics and information. In the compilation of this website's content, particularly to guarantee that prices listed are current at the time of publication and that all goods have been correctly described. All prices are presented with VAT included. However, services are listed exclusive of service tax because service tax laws vary per service. Packaging may differ from what is displayed. The weights, dimensions, and capacities shown are simply estimates. We have made every attempt to portray the colours of our items on the website as precisely as possible.

However, because the actual colours you see will be determined by your monitor, we cannot guarantee that the colour displayed on your monitor will exactly match the colour of the goods upon delivery. The website's products/services and information represent an invitation to offer.

We are not liable if the information on this site is not accurate, full, or up to date. The content on this website is for general information purposes only and should not be relied on or used as the sole basis for making choices without accessing primary, more accurate, more complete, or more current sources of information. Any reliance on the information on this website is entirely at your own risk

In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product unless the product has already been dispatched. In the event that an item is mispriced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation.

ORDER ACCEPTANCE AND FULFILMENT

BTPL maintains the right to accept or deny your order for any reason at any time after receipt. BTPL retains the right, without prior notice, to deliver less than the amount you purchased of any item or to not supply an item at any point after receipt of your order. If an item is posted at an inaccurate price or with wrong information as a result of a typographical error or an error in pricing or product information received from our suppliers, we will rectify the listing. BTPL also retains the right to refuse or cancel any orders placed for the incorrectly priced product.

You acknowledge that your information (except credit card information) may be transferred unencrypted and may entail (a) transmissions across different networks and (b) modifications to meet and adapt to the technical requirements of connected networks or devices. Credit card information is always encrypted during network transfer.

Without our explicit written consent, you undertake not to replicate, duplicate, copy, sell, resell, or exploit any component of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is offered.

Certain items or services may only be offered through the website. These items or services may be in limited supply and are only returnable or exchangeable in accordance with our Return Policy. We retain the right, but are under no obligation, to limit the sale of our products or Services to any individual, geographic location, or jurisdiction. We may exercise this privilege on an individual basis.

We retain the right to limit the quantity of any of our products or services. All product descriptions and prices are subject to change at any moment without notice, at our sole discretion. At any moment, we have the right to withdraw any product from our website. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide a notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.

PROHIBITED USES

You shall not use the website for any of the following purposes:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer/network systems.
Interfering with any other person's use or enjoyment of the website.
Breaching any applicable laws.
Interfering or disrupting networks or websites connected to the website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of BTPL.

You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the website that:

belongs to another person and to which you do not have any right to.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
harm minors in any way.
infringes any patent, trademark, copyright or other proprietary rights.
violates any law for the time being in force.
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
impersonate another person
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, including the website.
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from:

violating or attempting to violate the integrity or security of the website or its content
transmitting any information (including job posts, messages and hyperlinks) on or through the website that is disruptive or competitive to the provision of services by us
intentionally submitting on the website any incomplete, false or inaccurate information
making any unsolicited communications to other users of the website
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the website
attempting to decipher, decompile, disassemble or reverse engineer any part of the website
copying or duplicating in any manner any of the content on the website or other information available from the website
framing or hotlinking, or deep linking any content on the website

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us in any medium. We are and shall be under no duty to (1) keep any comments confidential, (2) compensate for any remarks, or (3) react to any comments.

We may, but are under no obligation to, monitor, edit, or delete material that we deem to be illegal, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or that infringes any party's intellectual property or our Terms & Conditions. You agree that your comments will not infringe on any third-party's rights, including copyright, trademark, privacy, personality, or any other personal or property right. You also agree that your comments will not contain libellous or otherwise unlawful content, nor will they be abusive or obscene, nor will they contain any computer virus or other malware that might interfere with the functioning of the Service or any connected website.

You may not use a fraudulent e-mail address, pose as someone other than yourself, or otherwise mislead us or third-party commenters as to the origin of any remarks. You are completely responsible for the accuracy of any comments you post. We accept no responsibility or liability for any remarks made by you or any other party.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make no guarantees, representations, or warranties that your use of our service will be continuous, timely, secure, or error-free.

We cannot guarantee that the results gained from using the service will be accurate or dependable.

You accept that we may discontinue the service for indeterminate lengths of time or cancel it at any moment without prior notification to you.

You expressly acknowledge that your use of the service, or inability to utilise it, is entirely at your own risk. The service and all products and services delivered to you via the service are provided 'as is' and 'as available' for your use without any express or implied representation, warranties, or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall BTPL, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless BTPL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third party.

SEVERABILITY

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION OF USER AGREEMENT

For all purposes, the parties' responsibilities and liabilities accrued prior to the termination date will survive the termination of this Agreement.

These Terms & Conditions are in force until either you or us terminate them. You may terminate these Terms & Conditions at any time by telling us that you no longer desire to utilise our Services or by discontinuing usage of our website.

If, in our sole discretion, you fail to comply with any term or provision of these Terms & Conditions, or we suspect that you have failed to comply, we may terminate this User Agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

These website terms and conditions constitute the sole record of the agreement between you and BTPL in relation to your use of the website. BTPL shall not be bound by any express tacit or implied representation, warranty, promise or like not recorded herein. Unless otherwise specifically stated, these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and BTPL in respect of your use of the website. Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafters of this User Agreement.

GOVERNING LAW & JURISDICTION

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflict of law.

You hereby consent to the exclusive jurisdiction of the Courts at Bhopal, Madhya Pradesh in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

The most recent version of the Terms & Conditions may be seen on this page at any time.

We retain the right to update, amend, or replace any element of these Terms & Conditions at our sole discretion by publishing updates and modifications to our website. It is your duty to monitor our website for modifications on a regular basis. Your continued use or access to our website or the Service after any modifications to these Terms & Conditions are posted signifies acceptance of such changes.

Please email us at [email protected] if you have any questions concerning the terms and conditions of this User Agreement or if you have any comments or complaints about the website.