Terms of Use

---

Introduction

The terms of use contained in this document control your use of this site; by proceeding to utilize the services of this site, you agree to these terms of use. If there are any conditions that will prevent you from abiding with the stipulations of this document, you should not use this site.

This site is not for users who are less than 13 years old. By agreeing with these terms of use , you attest to the fact that you are at least 13 years old.

By accessing or using the Tomlibo website, the Tomlibo service, or any applications (including mobile applications) made available by Tomlibo (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms & Conditions"). The Tomlibo Service is owned and controlled by Bigcart , Ltd (hereinafter referred to as "Bigcart " or "Tomlibo" or "We" or "Us" or "Our").

These terms of use is between Tomlibo and the guest users or registered users of the Website/Apps (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms of use on which Tomlibo offers You access to the Website/App and such other services as are incidental and ancillary thereto ("Services").

Copyright

Copyright (c) [2018] [Tomlibo]

Subject to the express provisions of these terms of use:

• • a) Tomlibo and its licensors, own and control all the copyright, intellectual property rights and all materials on and/or in its website/apps; and
  • b) Reserves all the copyright, other intellectual property rights and materials on and/or in in its website/apps.

Permission to use this site

Unless otherwise stated Tomlibo and/or its licensors own the rights to all protected innovation, intellectual properties and materials in and on the site. Subject to the provisions of this permit, all said rights are saved, conserved and kept secure.

You may view, download for reserving, and print pages from the site for personal purposes only, subject to the provisions set out below and elsewhere in these terms of use.

You should not:

• • publish material from this site, our merchants’ or users' profile (including carrying out republication of said material on another site);
  • sell, or lease material from the site;
  • reproduce, copy, duplicate or generally abuse material on this site for a business purpose;
  • edit or adjust any material on the site in any way; or
  • redistribute material from this site (except for materials particularly and explicitly made available for redistribution).
  • where content is particularly made available for redistribution, it can only be redistributed within your organization.

In General

Bigcart Ecommerce Pvt. Ltd, owns and operates Tomlibo.com Website/apps. This document governs your relationship with [Tomlibo.com ("Website", "Apps")]. Access to and use of these Website/Apps and the products and services available through this Website/Apps (collectively, the "Services" including "Apps") are subject to the following terms, conditions and notices (the "Terms of Use"). By using the Services, you agree to all of the Terms of Use, as may be updated by Tomlibo from time to time. You should check this page regularly to take notice of any changes made to the Terms of Use.

Access to these Website/Apps is permitted on a temporary basis, and Tomlibo reserves the right to withdraw or amend said services without prior notice. Tomlibo will not be liable in the event that these Website/Apps are unavailable at any time or for any period of time. We may periodically restrict access to all or some parts of these Website/Apps.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by Tomlibo. Tomlibo has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within such sites.

Privacy Policy

The privacy policy, which sets out how all information provided on this site will be used, can be found on this website. By using this Website/App, you agree to the terms described therein and guarantee that all data provided by you is accurate.

Prohibitions

This site must not be misused (any usage apart from that set out in the terms of use constitutes misuse). You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material with malicious intent, that is technologically harmful, a breach of confidence or that is in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Tomlibo will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Tomlibo will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website/app remains the property of Tomlibo and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Tomlibo and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Tomlibo and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Tomlibo 's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but such link(s) must not be created in a way that suggests any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that you neither own nor operate. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. Tomlibo reserves the right to withdraw linking permission without prior notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Tomlibo and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Tomlibo.

Indemnity

You agree to indemnify, defend and hold blameless Tomlibo , its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Tomlibo shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses will remain in full force and effect. As far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Bigcart Ecommerce Pvt. Ltd. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by a Director of Bigcart Ecommerce Pvt. Ltd.

Tomlibo's Details

Tomlibo.com is owned & operated by Bigcart Ecommerce Pvt. Ltd, is a registered company in India. The registered address is Bigcart Ecommerce Pvt. Ltd, 5B Lakeview Road, 1st Floor, Kolkata, 700029, WB, India.