Last updated on: 26 June, 2017

Welcome to Tootle. You have either accessed our website at www.mytootle.com(“Website”) and/ or downloaded our Tootle mobile application (“Mobile Application”)through Play Store for Android or App Store for iOS. The Website and Mobile Application has been created to facilitate and connect Tootle users with locally available professionals and professional freelancers (“Service Providers”) registered on our Tootle Platform ("Services").

NOTWITHSTANDING THE TERMS AGREED TO WITH THE PLAY STORE OR APP STORE, TO USE AND AVAIL THE SERVICES PROVIDED BY TOOTLE PLEASE READ THESE GENERAL TERMS AND CONDITIONS (THE “TERMS OF USE”) CAREFULLY BEFORE ACCESSING ANY SERVICES MADE AVAILABLE BY TOOTLE PLATFORM (as defined below). BY ACCESSING, USING OR SIGNING UP ON THE TOOTLE PLATFORM, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE AND YOU ARE AGREEING TO BE BOUND BY AND COMPLY WITH THIS TERMS OF USE. YOU AGREE THAT THIS TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND TOOTLE, HAVING ITS REGISTERED OFFICE AT 156, MANIKTALA MAIN ROAD 17UC, MANIKALA APPT, Kolkata, West Bengal 700054 (“TOOTLE”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS THE TOOTLE PLATFORM, OR ANY OTHER SERVICES AND FEATURES.

In this Terms of Use, references to:

  • The Website and the Mobile Application is referred to as “Tootle Platform”.
  • "we", "us", "our" shall mean "Tootle”; and
  • "you", "your”,service receivers”, “Service Providers”shall mean “User” who is any natural or legal person who has agreed to become a user through the Tootle Platform and has accepted these Terms of Use and the Privacy Policy available at https://mytootle.com/privacy-policy for accessing the Tootle Platform.

1. Introduction

This Terms of Use is subject to change from time to time at our sole discretion, and any changes will be effective immediately upon posting on the Tootle Platform. You are responsible for regularly reviewing this Terms of Use so that you will be apprised of any changes. You can determine when this Terms of Use were last revised by referring to the (“LAST UPDATED”) legend at the top of this Terms of Use. Your continued use of the Tootle Platform after such changes will indicate your acceptance of such revised Terms of Use. We are committed to providing quality content to you and encourage you to contact us about this Terms of Use via Contact Us information provided on our Tootle Platform.

2. Services

The Tootle Platform is an electronic platform which provides information to you. You can post a request for the type of service desired (“Service Request”) from the locally available Service Providers registered with the Tootle Platform. Service Receivers will have none or one or multiple options available on the basis of Service Request and they can select/avail the services from the Service Providers offering the requested Services, based on their sole discretion. Tootle shall have the right to use the information shared by you detailing the required service for which the Service Request is raised and the information provided in response (and any associated discussions) provided by the Service Providers.

You acknowledge that by clicking on "I have read and agree to the terms of use," you hereby certify that: (1) you are an individual above the age of 18 (eighteen), in need of certain service; (2) you have the authority to enter into this Terms of Use; and (3) you agree to be bound by all terms and conditions of this Terms of Use, The Privacy Policy and any other documents incorporated by reference herein.

3. Who Are Eligible To Use Our Services?

The Services and the Tootle Platform are not available to minors under the age of 18 (eighteen) or to any Users suspended or removed from the Tootle Platform by Tootle for any reason whatsoever. If a User is disqualified as per the preceding sentence, such User shall not be permitted to use the Tootle Platform. You represent that you are of legal age to form a binding contract and are not a person barred from availing the Tootle Platform under the Terms of Use and laws as applicable in India. Notwithstanding the foregoing, if You are below the age of 18 (eighteen) years, please read through this Terms of Use with Your parent or legal guardian, and in such a case this Terms of Use shall be deemed to be a contract between Tootle and your legal guardian or parent and to the extent permissible under applicable laws, and shall be enforceable against you and your legal guardian.

Tootle reserves the right to refuse access to use the Tootle Platform to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

4. Use of your Personal Information

This Terms of Use incorporates our Privacy Policy which describes (amongst other things) how we will use any personal information collected from the Tootle Platform. For more information, please see our full Privacy Policy available at https://mytootle.com/privacy-policy

By visiting Our Tootle Platform, You are accepting and consenting to the practices described in Tootle’s Privacy Policy.

5. User Account, Password and Security:

You may log into our Tootle Platform through your Facebook account. If you do so, you grant us permission to access and collect the basic information (including but not limited to name, gender, profile picture, e-mail address, etc.). We store the information that we receive from Facebook with other information that we collect from you or about you. You are responsible for maintaining the confidentiality of your account information, and are fully responsible for all activities that occur under your account. You agree to:

  • Immediately notify Tootle of any unauthorized use of your account or any other breach of security, and
  • never use any other user’s account without prior authorization from Tootle;

Tootle will not be liable for any loss or damage arising from your failure to comply with this Agreement.

6. User Information

Tootle’s unique business model provides you with location based Service Providers. To facilitate this, you hereby authorise Tootle to use the location made available through the device on which the Tootle Platform is being used. The location based information will be used only to facilitate and improve the list of locally available Service Providers for you.

You agree that information about your use of the Tootle Platform may be communicated to us, and we may obtain your physical location. Tootle reserves the right to collect user data including name, contact information and other details to facilitate the Services or use of Tootle Platform to avail Services.

7. User Conduct and Rules

You agree and undertake to use the Tootle Platform to solely communicate with the locally listed Service Providers registered on the Tootle Platform. Any Services that you desire to avail from such Services Providers shall be at the terms and conditions solely agreed upon between you and such Service Providers.

By way of example, and not as a limitation, you agree and undertake that when using the Tootle Platform, You will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; You own or control the rights thereto or have received all necessary consents;
  • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Tootle Platform;
  • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • violate any applicable laws or regulations for the time being in force in or outside India; and
  • Violate, abuse, unethically manipulate or exploit, any of the Privacy Policy, this Terms of Use of Tootle Platform.

You are solely and fully responsible for all interactions with any Service Providers on the Tootle Platform, Tootle shall have no liability from any of your interactions with any Service Providers, or for any action or inaction on your part or the Service Provider’s.

8. Obligations of Users:

8.1 Service Receivers:

8.1.1 You will provide true, accurate, current and complete information and you shall maintain and update such information so that it will remain accurate, true, current and complete whenever required;

8.1.2 You will not fail to deliver payment for Services availed by you. You shall pay the Service or labour cost, visit or transportation cost (if applicable), item cost (if applicable), convenience cost (if applicable) and any fee or levy presently payable or hereinafter imposed by the law;

8.1.3 You will be required to provide us feedbacks for the services availed by you on Tootle Platform;

8.1.4 You shall be liable to perform in accordance of the Privacy Policy; and

8.1.5 You shall not solicit, or contact in any form the Service Providers for direct business without the express written permission of Tootle.

8.2 Service Providers:

8.2.1 You will provide the KYC details or a No Objection Certificate (“NOC”) to Tootle that they can, at any time, based on their sole discretion/ to comply with a legal process, verify such KYC details as provided by you;

8.2.2 You will provide true, accurate, current and complete information and you shall maintain and update such information so that it will remain accurate, true, current and complete whenever required;

8.2.3 You shall not misrepresent the location at which you provide Services;

8.2.4 You shall not use misleading titles that does not express the types of Services offered by you;

8.2.5 You shall not include any information in your profile which is fraudulent; and

8.2.6 You will not copy/distribute/alter/modify/replicate or advertise any information/Tootle Platform available on the Tootle Platform in any medium without Tootle’s prior written authorization

You agree that Tootle may at any time terminate your access to the Tootle Platform or restrict or suspend your access to all or any part of the Tootle Platform at any time, for not complying with any of the aforementioned obligations or for no reason, with or without prior notice, and without liability.

9. Pricing

Our Tootle Platform is merely a facilitator that allows you to contact Services Providers registered on the Tootle Platform. It does not guarantee or warranty any that the service fee, service quality on behalf of the Service Providers. You and Service Provider can communicate and agree on your service requirements and costs. The Service Provider and You shall be individually liable to each other. Tootle shall have no liability whatsoever for the actions/ inactions of the Service Provider.

10. Intellectual Property Rights

Tootle is the sole owner of the Tootle Platform and all software created therein. All content on the Tootle Platform, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content (“Content”) are the exclusive and sole property of Tootle. You may not copy, reproduce or use such Content without due attribution of ownership to Tootle. All icons and logos are trademarks of and proprietary to Tootle. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

All Content is the exclusive copyright of Tootle or its licensors, except the third party content and link to third party website. Systematic retrieval of Tootle Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Tootle is prohibited. In addition, use of the Content for any purpose not expressly permitted by Tootle in this Terms of Use is prohibited and may invite legal action.

11. Ratings & Reviews

While Tootle may attempt to seek information about the background of a Service Provider; you understand that Service Provider may register themselves suomoto. You also understand that Tootle is merely a market place and may not conduct background checks (exhaustive or otherwise) to the extent to determine previous criminal antecedents and hence, at the end of the day, the User should take an informed decision on his/her own accord and keep in mind the fact that Tootle only seeks to provide a platform wherein Users have an opportunity to seek out locally registered Service Providers. However, Tootle encourages you to rate and review the Service Providers whose service have been availed by you. These rating and reviews may help the future users.

12. Disclaimer & Limitation of Liability

  • All the material and Services on our Tootle Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing, Tootle does not warrant that:
  • This Tootle Platform will be constantly available, or available at all; or
  • The information on the Tootle Platform is complete, true, accurate or non-misleading;
  • That the services provided by the Service Providers will meet the user’s requirements.
  • Tootle does not warrant that this Tootle Platform; information, Content or Services included on or otherwise made available to you through the Website, Mobile Application; the servers; or electronic communication sent from us are free of viruses or other harmful components.
  • Tootle shall not be liable for any conduct, quality of services, behaviour or actions of Service Providers. However, Tootle encourages you to notify us of any complaints that you may have against the Service Providers whose services you had elected to avail.
  • You agree and acknowledge that the use of the Services offered by Tootle and the services offered by the Services Providers is at your sole risk and that Tootle disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality and fitness for any purposes are excluded to the fullest extent permitted by law.
  • Tootle will not be liable for any damages of any kind arising from the use of the service offered by the Service Providers, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

TOOTLE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVODERS, EVEN IF TOOTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOOTLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE OF SERVICES BY ANY SERVICE PROVIDERS/ RECEIPTS OF SERVICE FEE BY THE SERVICE PROVIDERS OR REPAYMENT OF ANY SERVICE FEES.

13. Links To Other Websites

The Tootle Platform may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Tootle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

14. Indemnification

You agree to indemnify, defend and hold harmless Tootle from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Tootle that arise 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 this Terms of Use or Privacy Policy.

15. Severability

If any provision of the Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.

16. Governing Law

The laws of the India shall govern this Terms of Use, regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue located in Kolkata, India, for all matters or disputes arising out of or relating to this Terms of Use or Your access or use of the Tootle Platform.

17. Grievance Officer

If you have any complaint or grievance to report, please write to the Grievance Officer at support@mytootle.com.