Terms and Conditions

Welcome to TOBOC Deals, a division of TOBOC B2B Marketplace Pvt. Ltd. (herein after referred to as ‘TOBOC Deals’), is a daily deals platform (herein after referred to as the "Website"), which offers an e-commerce solution allowing for online exchange of information and services between suppliers and/or service providers and the Website’s registered members and visitors. As such, TOBOC Deals only acts as a promotion channel and does not monitor or control purchases and transactions between the involved parties and shall not be held legally responsible, liable or accountable in any way whatsoever in relation thereto, namely but not restrictively, if the products/services are not available, not delivered on time, not of the quality represented, are defective, faulty, dangerous, counterfeit or otherwise not lawful or not satisfactory.

This Terms and Conditions of Use Agreement (the ‘Agreement’) contains the terms and conditions of use applicable to any and all users of the website whether registered or casual visitors (‘User’) with respect to information, product and/or service provided by or through TOBOC Deals on the website.

1.ACCEPTANCE OF TERMS AND CONDITIONS

As a user of the website, you agree, without limitation or qualification of any kind, to be bound by and to fully comply with the terms and condition of the Agreement as well as with any specific condition of use associated with TOBOC Deals services and/or products as provided in the Website, wherever such conditions appear in the Website, and including further upgrades, additions or modifications thereof.

2.GENERAL WEBSITE CONTENT

2.1.The database content and design of this Website, including but not limited to the information, texts, images, graphics, video and/or audio material, software, files, directories, listings and databases contained in the Website ("Website Content") are copyright of TBC-World Group also doing business under TOBOC Deals, and/or its assignees or licensors.

2.2.The Website Content may not be reproduced or downloaded, in whole or in part, without the written permission of TOBOC Deals. TOBOC Deals grants you a license of limited use allowing you to post within your account, download or print part of the texts, images or other specific elements of the Website Content, and this, only for your personal custom usage or internal use, and not for commercial purposes, provided that you do not modify any of the Website Content, remove nor modify any identification, brand or trade-marks, copyright or other proprietary notices appearing on the copies of the web pages or elements made under these terms. Moreover, without limiting the generality of the foregoing, it is forbidden to reproduce, alter, modify, adapt or incorporate the Website Content, in whole or in part, for use in other documents or in another website, or to recompile, redistribute or retransmit the Website content, in whole or in part, by any means, including without any limitations, through any newsgroup, mailing list, electronic bulletin board, server or other storage device connected to any network of any kind, in electronic or print form, without the prior written authorisation of TOBOC Deals.

3.USERS'CONTENT

3.1.As a User, you are fully responsible with respect to any information you may enter on the Website including but not limited to contact information, text and proprietary information such as contact information, etc. irrespective of whether such content appear in your User listing in the database section of the Website or in your account page (“User Content”). Users are fully and solely responsible to ensure that the information posted on the Website is accurate, true, current and complete. TOBOC Deals only acts as a passive conduit with respect to online diffusion of the User Content. TOBOC Deals does not systematically monitor, edit or control User Content and does not sustain any legal responsibility, liability or accountability whatsoever in relation thereto.

3.2.While TOBOC Deals does not actively monitor, edit or control Users Content posted on the Website, TOBOC Deals reserves the right (which it may exercise at its sole discretion without notice) to verify and/or screen Users Content. TOBOC Deals does not make any commitment, representation or warranty with respect to the conduct of such verification and/or screening nor does it approve, endorse or certify User Content, whether it was so verified and/or screened or not. TOBOC Deals also reserves the right (which it may exercise at its sole discretion without notice), to delete, move or edit Users Content as well as to suspend or terminate any User's access to and use of the Website.

3.3.Users and Services Providers undertake not to make any illegal or fraudulent use of the Website and more particularly, undertake not to:

  • 3.3.1.Post Any Information That Is Unlawful, False, Threatening, Abusive, Harmful, Violent, Harassing, Libellous, Pornographic, Obscene Or Indecent.
  • 3.3.2.Post Any Content Which Infringes Copyright, Patents, Trade-Marks, Publicity Or Privacy Rights Or, Generally, Any Third Party Right.
  • 3.3.3.Provide Information And/Or Make Offers Which Relate To Counterfeit, Stolen Or Fraudulent Products And/Or Services, As The Case May Be.
  • 3.3.4.Post Any Information Unrelated To The Website Or The Website's Topics.
  • 3.3.5.Disguise The Origin Of Any Information Provided In The Website.
  • 3.3.6.Impersonate Any Person Or Entity (Including TOBOC Deals’ Employees Or Hosts) Or Misrepresent Any Affiliation With Any Person Or Entity.
  • 3.3.7.Post On The Website Any Information That Contains Software Viruses, Files Or Code Designed To Interrupt, Destroy Or Limit The Functionality Of The Website Or Any Computer Software Or Equipment.
  • 3.3.8.Post Any Confidential Information Of Another User Or Third Party Which Have The Purpose Or Effect Of Affecting The Price Or Value Of Any Security;
  • 3.3.9.HHack, Collect And Store The Personal Or Proprietary Data Provided By Other Users Of The Website.
  • 3.3.10.Restrict Or Inhibit Any Other User From Using The Website.
  • 3.3.11.Contravene To Any Applicable Law, Statute Or Regulation, Namely But Not Restrictively Related To Trade Practices, Import And Export Controls And/Or Restrictions, Unfair Competition And False Advertising;
  • 3.3.12.Post Content Or Do Anything In Relation To The Website Which Creates Liability And/Or Adversely Affects TOBOC Deals’ Business And/Or Reputation.

3.4.If a User breaches the terms and conditions imposed by this Agreement and posts User Content that is misleading, untrue, offensive or that is likely to cause any prejudice of any kind to anyone through its use, as another User of this Site, you shall bear all risks associated with your use of such content posted by the said User. Thus, don’t entirely rely on any User Content in making (or refraining from making) any specific investment or other business decision without prior verification.

4.REGISTRATION PROCESS AND CONDITIONS

4.1. As a User, you may choose to register on the Website or remain unregistered to browse the provided content and features.

4.2.TOBOC Deals does not require your Credit/Debit card information when you register on the Website.

4.3.TOBOC Deals provides registered Users with various services and features to assist them to purchase deals over the Website. Such services may be altered or terminated and their pricing structure and payment conditions may be modified, at any time, without prior notice. Other functionalities or offers made available by TOBOC Deals on the Website may also be changed or withdrawn by TOBOC Deals, from time to time, without prior notice. Any such alterations and/or additions are governed by the terms and conditions of this Agreement.

4.4.You are fully responsible for maintaining your password and login credentials and not to reveal or pass it on to any third party. If you are made aware of any unauthorized use of your password and/or login credentials, you shall immediately notify TOBOC Deals.

4.5.As a registered User, you shall provide your valid e-mail address to TOBOC Deals. However, your e-mail address will not be published on the Website. E-mails messages with regards to your current deals selection or similar deals that might appeal to you in the future will be forwarded to you periodically by the TOBOC Deals team utilising this email address.

5.USERS' BUSINESS TRANSACTIONS

5.1.Any transactional risks of any kind associated with the purchase and/or services offered through the website shall be fully born by you as a User. You are solely and fully responsible with respect to all applicable terms and conditions pertaining to any transactions made pursuant to your use of this website, including without limitation, any term and condition related to delivery, transportation, shipping, handling and storage, price, fees, quality, returns, warranties and insurance, property titles, licenses and permits.

5.2.In the event of a dispute involving a user of this Agreement with respect to any deal such user hereby agrees to indemnify and hold TOBOC Deals harmless against any liability, loss, damage, cost or expense, (and any actual, special, incidental or consequential damages, as the case may be) arising out of or incurred in connection with any claim, request, action or proceeding made or brought against TOBOC Deals as a result of or in connection with such dispute.

5.3.In the event of a dispute involving a User of this Agreement with respect to any deal or purchase, such User hereby agrees to indemnify and hold TOBOC Deals harmless against any liability, loss, damage, cost or expense, including reasonable attorneys' fees, (and any actual, special, incidental or consequential damages, as the case may be) arising out of or incurred in connection with any claim, request, action or proceeding made or brought against TOBOC Deals as a result of or in connection with such transaction and/or dispute.

6.PURCHASE AND REDEMPTION OF TOBOC DEALS COUPONS

TOBOC Deals provides an opportunity to its members to avail deals from a number of merchants, including but not limited to restaurants, with which TOBOC Deals has an association by issue of coupons that can be redeemed up to a certain validity period from outlets of the institutions. In order to get TOBOC Deals coupons, the user would be required to create an account on the website. This is required so we can provide you with easy access to print your coupons. By selecting a coupon on the website, you make an offer to the merchant/institution for buying / availing their specific products and/or services which you have selected based on TOBOC Deals' standard terms and conditions, institution-specific restrictions and on these Terms of Use. All TOBOC Deals coupons are promotional coupons and shall be subject to the Standard Terms and Conditions and Specific Terms and Conditions. TOBOC coupons are issued on behalf of the institutions and only such institutions, to the exclusion of TOBOC Deals, shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Institutions or which arises out of the goods and/or services provided by the institutions.

6.1.Standard Terms and Conditions (for Restaurant-Specific TOBOC coupons)
For this section, Restaurant shall be defined as an institution that offers food and beverages for sale in its regular business operations, and is making such food and beverages available to holders of TOBOC Deals coupons. In this respect, TOBOC Deals shall not be responsible for the quality of services provided by the Restaurant, and the same shall be the sole responsibility of the Restaurant. Validity period for redemption of TOBOC Deals coupons is determined by the Restaurants, and shall be mentioned on TOBOC Deals coupons. Use of TOBOC Deals coupons for alcoholic beverages is at the sole discretion of the Restaurant and is further subject to all applicable laws. It is at the discretion of the Restaurant to determine whether TOBOC Deals coupons can be combined with any other Restaurant coupons, third party coupons, or promotions and the like. TOBOC Deals coupons are valid for dine-in only unless otherwise stated. The issuing of restaurant credit is at the sole discretion of the Restaurant. Neither TOBOC Deals nor the Restaurant is responsible for lost or stolen TOBOC Deals coupons or the reference numbers mentioned on it. Reproduction, sale or trade of TOBOC Deals coupons is strictly prohibited. Any attempted redemption not consistent with these terms & conditions will render the TOBOC Deals coupons void and invalid. The TOBOC Deals coupon will expire on the date specified on it.

6.2.Standard Terms and Conditions (for Non-Restaurant TOBOC Deals coupons)
The following shall constitute as Standard Terms and Conditions for redeeming TOBOC Deals coupons for selecting goods and/or services from institutions other than Restaurants: TOBOC Deals shall not be responsible for the quality of products and/or services provided by the institution, and the same shall be the sole responsibility of the Institution. TOBOC Deals coupons may be applied only to select the merchandise sold by the Institution, and may not be applied to shipping or handling charges. Limit one (1) coupon per redemption. Only one coupon can be used per visit unless otherwise specified by the Institution. The issuing of credit is at the sole discretion of the institution. Neither TOBOC Deals nor the institution is responsible for lost or stolen TOBOC Deals coupons or the reference number mentioned on it. TOBOC Deals coupons cannot be combined with any other gift coupons, third party coupons, or promotions, unless otherwise specified by the Institution. Reproduction, sale or trade of TOBOC Deals coupons is strictly prohibited. Any attempted redemption not consistent with these terms and conditions will render the TOBOC Deals coupon void and invalid. The TOBOC Deals coupon will expire on the date specified on it.

7.PURCHASE AND SALE OF PRODUCTS AND/OR SERVICES

TOBOC Deals takes no responsibility for the services and/or products for which TOBOC Deals coupons are selected. Further, TOBOC Deals makes no warranty to the users for the quality, safety, usability, or other aspect of the product or service for which the TOBOC Deals coupon may be availed. Some services for which TOBOC Deals coupon(s) can be availed are activities that involve potential bodily harm (such as go karting etc.), and for those activities TOBOC Deals takes no responsibility for the service or activity being offered, and the user takes responsibility for his or her own actions in utilizing the services for which the TOBOC Deals coupon can be redeemed. No two marketing promotions on product or services can be combined. As a condition of getting a coupon, TOBOC Deals requires your permission to send you administrative and promotional emails. Periodically, we will send you information regarding your account activity as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.

8.INTELLECTUAL PROPERTY

8.1.As User, you represent that you own all rights and interests, including copyright or have acquired all necessary third party authorization in relation to entering and posting User Content on the Website. You hereby guarantee that User Content you have entered and posted on the Website does not violate any third party copyright (including moral rights, as the case may be) or any other proprietary information of any kind.

8.2.You agree to grant TOBOC Deals a perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license any User Content you have entered and posted on the Website at any time, in whole or in part, and in any form now existing or to be discovered, for any purpose related to the exploitation and/or promotion of the Website.

9.REGISTERED USERS' REPRESENTATIONS AND INDEMNITY

9.1.As a registered User, you represent that you have the authority to bind the business entity you act on behalf of (as may be the case) to this Agreement with respect to the use of this Website, that all the User Content you have entered in the Website is accurate, complete and current, and that such User Content rightfully belongs to the business entity duly represented by you (as may be the case).

9.2.As a registered User, you are fully and solely responsible for your use of this Website and for the User Content that you have entered and posted on the Website. As a consequence, you undertake to indemnify and hold TOBOC Deals harmless against any liability, loss, damage, cost or expense, including reasonable attorneys' fees (and any actual, special, incidental or consequential damages, as the case may be) arising out of or incurred in connection with any claim, request, action or proceeding made or brought against TOBOC Deals as a result of a breach of any of the covenants, undertakings, warranties or representations made in this Agreement to which the foregoing indemnity relates. TOBOC Deals reserves the right to contact you by e-mail or other means with regard to the use of the Website.

10.LIMITATION OF LIABILITY AND WARRANTY

10.1.THE INFORMATION PROVIDED IN THIS SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND NO WARRANTY, EXPRESS OR IMPLIED, IS GIVEN AS TO ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT, AND TOBOCDEALS.COM, ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES DOES NOT ACCEPT ANY LIABILITY FOR ANY ERROR OR OMISSION. YOU ALSO RECOGNIZE AND ACCEPT THAT TOBOC DEALS, ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM FAULTY COMPUTER COMPONENTS, SOFTWARE OR COMMUNICATION LINKS, RELATED TO THE LOSS OR NONEXISTENCE OF COMMUNICATIONS CAPABILITY OR RELATED TO FAULTY, INCOMPLETE OR INCOMPREHENSIBLE TRANSMISSION OR TO A TRANSMISSION ERASED BY ANY COMPUTER OR NETWORK.

10.2.TOBOC DEALS, ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES DO NOT OFFER ANY WARRANTY WHATSOEVER AND SHALL NOT BE HELD RESPONSIBLE WITH RESPECT TO THE PERFORMANCE OF USERS' REGISTRATION TO THE WEBSITE IN TERMS OF BUSINESS OPPORTUNITIES, CONTACTS ACHIEVED, NUMBER OF VISITS OR ANY OTHER BUSINESS RESULTS OR EXPECTATIONS OF ANY KIND.

10.3.WHILE TOBOC DEALS AGREES TO MAKE ITS BEST EFFORTS IN ORDER TO HAVE ITS WEBSITE OPERATIONAL AND ACCESSIBLE ON A REASONABLE BASIS,TOBOC DEALS OFFERS NO WARRANTY WHATSOEVER AS TO THE TECHNICAL PERFORMANCE OF ITS WEBSITE AND OFFERS NO GUARANTEE OF MERCHANTABILITY.TOBOC DEALS, ITS AGENTS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES SHALL IN NO EVENT BE HELD LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM THE USE OR IMPOSSIBILITY TO USE THE WEBSITE, INCLUDING DAMAGES ASSOCIATED TO THE LOSS OF PROFITS, LOST OPPORTUNITIES, BUSINESS INTERRUPTIONS OR LOSS OF DATA.

10.4.TOBOC Deals, its agents, affiliates, directors, officers and employees shall not be liable for any Users claims or losses of any nature including, but not limited to, loss of profits, direct, indirect, special or consequential damages arising from the use or inability to use this Website.

11.LINKED SITES

11.1.TOBOC Deals is not liable for the content of other websites available through hyperlinks from this Website (hereinafter “Linked Sites”). Such Linked Sites have been created by third parties and TOBOC Deals is not acting as an editor or publisher of the information and material contained in these Linked Sites. TOBOC Deals is not affiliated with and does not endorse the Linked Sites, the owners or operators of the Linked Sites or the products and/or services made available on these sites. This Website is not sponsored by the Linked Sites or their owners or operators. Your navigation to these Linked Sites and their marking as bookmarks are your sole responsibility.

11.2.TOBOC Deals may refuse the use of hyperlinks to this Website if the link is made to another page than the home page of this Website, through deep linking, framing or mirroring, or if the surrounding context in which the hyperlink is used is harmful to the honour, reputation or commercial interest of TOBOC Deals.

12.TOBOCDEALS.COM'S USE OF USER CONTENT

12.1.As a User, you understand and agree that whether or not your registration is still in force, TOBOC Deals may sell or transfer to third parties any or all of the User Content you have provided and posted on this Website, in connection with the merger, reorganization, liquidation or dissolution of TOBOC Deals or otherwise than in such connection, in exceptional circumstances, provided that the third party to which the information is transferred or sold has expressly committed to protect your information and seek confirmation from you on any further use of the information. You accept that TOBOC Deals transfers and allows for the posting of your User Content on other websites owned and operated by TBC-MONDE INC. and on any other TOBOC Deals' partner, affiliate or co-brand's website, as the case may be.

13.TERMINATION

A registered User's membership may be terminated immediately, upon receipt of a written notice from TOBOC Deals, in the following circumstances:

13.1.If a User has failed to comply with any material term, covenant, obligation or representation set out in this Agreement.

13.2.TOBOC Deals may terminate a User's membership within ten (10) days of receipt of a written notice of termination, for any reason at TOBOC Deals' discretion, namely if it has any reason to believe that a User's continued membership may be prejudicial to TOBOC Deals' business or reputation or to other Users.

14.EFFECT OF TERMINATION

14.1.Upon termination of the Agreement, subject to the provisions contained in subsection 10 related to TOBOC Deals' rights to use the User Content, a User's membership shall immediately cease to have effect together with all the User's privileges, rights and benefits related to such membership, without any monetary obligation, indemnity or compensation on TOBOC Deals' part. TOBOC Deals shall delete such User Content from the Website within a reasonable delay. TOBOC Deals reserves all its recourses at law if termination has occurred pursuant to the User's default to comply with the provisions of the Agreement.

15.AMENDMENTS TO THIS AGREEMENT

15.1.This Agreement may be amended or updated at any time by TOBOC Deals. Any material change made to this Agreement which may affect Users shall be posted by TOBOC Deals on the Website. As a User, you have the obligation to check the Website from time to time in order to determine if such amendments have been made.

16.FINAL PROVISIONS

16.1.The parties represent and warrant that they have the capacity to enter into this Agreement and that this Agreement constitutes legal, valid and binding obligations of their part.

16.2.If any provision of this Agreement is determined by a court to be void and unenforceable, such provision shall not affect any other provision of this Agreement or their validity or enforceability.

16.3.TOBOC Deals' failure at any time or times to require performance by a User of any of its obligations hereunder shall in no way affect TOBOC Deals' right to require performance thereof by the User at any time thereafter.

16.4.TOBOC Deals shall have the right to assign any of its obligations and duties in this Agreement to any person or entity.

16.5.This Agreement has been drawn up in the English Language with the agreement of the parties.

16.6.This Agreement shall be governed and construed in accordance with the laws of the Province of Quebec and all parties agree that only the courts of Quebec shall have jurisdiction over any dispute arising out of or in connection with this Agreement.