TERMS & CONDITIONS
These Terms of Use (“Terms”) govern your access and use of the Platform, Products, and Information. By accessing, browsing, or using the Platform, or by clicking "I AGREE," "SUBMIT," or similar, you confirm that you have read, understood, and agree to be bound by these Terms. You also consent to the collection and use of your information as outlined in our Privacy Policy, Returns and Cancellation Policy, and other applicable rules (collectively “Policies”), which are incorporated by reference into these Terms. In case of any conflict, these Terms will take precedence. We may update these Terms or the Platform periodically. Continued use after such updates will be considered acceptance of the revised Terms. Please review these Terms regularly. If you disagree with any part, cease using the Platform immediately.
Eligibility:
To use or access the Platform, you must be legally competent to enter into a contract under applicable laws. You must also be at least 21 years old. By continuing to use the Platform, you confirm that you are at least 21 years old and competent to enter into a valid and binding contract under the laws that apply.
2. Using the Platform
2.1 Signing up to use our Platform: To access and use the Platform, you don't have to create a user account ("TopChoicePe Account"). To make an order a TopChoicePe, you must provide your email ID, address, mobile number in the payment gateway where we store your details for 90 days after product delivery.
2.2 Security Breach: If you suspect or become aware of any security breach related to your purchase, contact us immediately.
2.4 Termination: We reserve the right to terminate your TopChoicePe purchase or refuse sale of Products without prior notice if you breach these Terms or if we cease to provide the Platform, Products, or services. Your information will be handled in accordance with our Privacy Policy.
2.5 Ensure Compatibility and Keep Updated: You must keep the Platform updated as new versions are released. Failure to do so may result in your inability to use certain features or the Platform itself.
3. Limited License
3.1 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform, Information, and Products for personal and non-commercial purposes only.
3.2 You are not permitted to download, copy, install, reverse-engineer, or use the Platform, Products, or Information for any purpose other than personal use without our prior written consent. All rights not explicitly granted to you under these Terms are reserved by us. We retain the right, at our sole discretion, to revoke your license to use the Platform or Information at any time, without notice, and prevent your future access to the Platform.
4. Product Description and Use
4.1 Product Description: We make every effort to provide accurate descriptions of the Products listed on the Platform. However, we do not guarantee that the product descriptions, colors, information, or other content on the Platform are accurate, complete, reliable, current, or error-free. The Platform may contain typographical errors, and product images are for reference only—they may not exactly match the actual Product. We reserve the right to correct, change, or update any information, errors, inaccuracies, or omissions at any time without prior notice. 4.2 Use of Products: All Products available on the Platform are for personal use only. These Products may not be sold, resold, or used for any commercial purposes.
6. Shipping and Delivery
6.1 Payment Methods: Payments for purchasing Products on the Platform can be made through the following methods: (i) Credit and Debit cards; (ii) Net banking; (iii) E-Wallets; (iv) UPI; and (v) Valid Gift cards issued by us.
6.2 Payment Processing: We use a third-party service provider, to process payments made through electronic means on our Platform. The security measures for these payments are the responsibility of third-party service provider. For information about the security measures implemented by your bank, UPI, credit card, or E-Wallet service provider, please contact them directly. We are not liable for any security practices or obligations related to their services.
6.3 Taxes: Unless stated otherwise, all product prices on the Platform include Goods and Services Tax (GST) and any other applicable taxes, duties, or cesses ("Taxes"). You are responsible for the payment of all Taxes associated with purchases made on the Platform.
7. Cancellation and Returns
7.1 Order Cancellation: You may cancel any orders placed on the Platform in accordance with our Returns & Cancellation Policy.
7.2 Return or Replacement Requests: You can request a return or replacement for a Product purchased on the Platform in accordance with our Returns & Cancellation Policy, which is incorporated by reference into these Terms.
8. Refunds
For more information on refunds, please refer to our Returns & Cancellation Policy available on the Platform.
9. Third Party Data and Advertising
9.1 Third Party Data: We may utilize third-party data, software, and/or services to host the Platform and offer our Products and Information. While we have agreements in place with these third parties, we do not accept any liability arising from our use of or reliance on such third-party data, software, or services.
9.2 Third Party Advertising: The Platform may display advertisements for third-party websites, products, services, and content. We are not responsible for the content of these third-party ads or websites, nor do we make any representations about their accuracy or material. If you choose to follow a link to a third-party website, you do so at your own risk. We are not responsible for evaluating the offerings or actions of these external websites, including their privacy policies and terms. You should carefully review the terms and privacy policies of any third-party websites you visit through the Platform.
10. Restrictions and Use
10.1 Responsibility for Information You take full responsibility for any information you upload, post, email, or otherwise make available to us on the Platform for any purpose, including but not limited to product reviews or inquiries to our "Ask the Sexpert" section. We do not assume any responsibility for such information. By using the Platform, you agree not to engage in or encourage others to engage in the following actions:
a) Use the Platform or any content for illegal purposes or in violation of these Terms or applicable laws;
b) Use the Platform for harmful or malicious purposes;
c) Cause damage to us or our Platform in any way;
d) Spam or defraud Platform users;
e) Impersonate any person or entity;
f) Be disrespectful or unkind toward our representatives, including our grievance officer;
g) Violate anyone’s rights, including intellectual property rights or privacy rights;
h) Engage in hate speech, threats, sexually explicit content, incite violence, or post graphic violence;
i) Promote racism, bigotry, hatred, or harm against any group or individual;
j) Solicit passwords or personal information for unlawful purposes or share someone’s personal data without permission;
k) Upload, share, or transmit viruses or any malicious software;
l) Post content that threatens national security, public order, or harms international relations;
m) Spread false, misleading, or fake information, or misinformation identified by the government as such;
n) Post content related to unauthorized online games or promote such games;
o) Use another user's account or share your account with others;
p) Create a new account after being banned, unless permitted;
q) Use the Platform for commercial purposes without our written consent;
r) Copy, reproduce, stream, or otherwise exploit the Platform’s content in any unauthorized manner;
s) Embed or display Platform content on any site or app that hosts unlawful, obscene, offensive, or illegal content;
t) Claim that your statements are endorsed by us without our consent.
If you violate these restrictions, we may terminate your access to the Platform, report the issue to law enforcement, and pursue legal action.
11. Grievance Officer
11.1 Contact Information for Grievances: If you have any complaints, grievances, or questions related to the Platform, Products, Information, or other content and services (“Grievances”), please contact our Grievance Officer using the following details:
Name: Pritam Patel Email: [email protected]
11.2 Acknowledgment and Resolution: We will typically acknowledge all grievances within 24 (twenty-four) hours of receiving your communication and aim to resolve them within 15 (fifteen) days.
11.3 Expedited Resolution for Specific Content If your grievance pertains to content that, in our reasonable opinion, violates applicable laws, we will prioritize and resolve such grievances in an expedited manner according to the applicable legal timelines.