1. The terms and conditions contained herein shall constitute and form an entire agreement (hereinafter referred to as ‘agreement between Toohot Media and the customer).
2. Any clause of the terms and conditions if deemed invalid, void or for any reason becomes unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions of this agreement.
SERVICES, EXCLUSIONS & PERFORMANCE
1.Restricted categories of google, Facebook, Instagram, and other marketing platforms are not supported by Google or one against the policy of google than Toohot Media Shall have the right to refund the balance consideration paid by the customer.
2. Toohot Media reserves the right to refuse or cancel any advertising requirement at its sole discretion, with or without cause, at any time, the balance advertising budget will be refunded to the customer.
3. Service contract for google AdWords, Facebook, Instagram and other internet marketing platform which is a paid form of advertising on google. Customer’s website link would appear under in the event the advertisement requirements requested by the customer fall within the sponsored links on google search result page.
4. Our templates based website solution would not be given along with FTP (file transfer protocol).
1. The consideration means the cost of the package, purchased by the customer from Toohot media.
2. Toohot media Reserves the right to charge for any additional work executed by Toohot media.
3. The cost of click would include Toohot media. Charges over above the actual cost of a click on Google AdWords.
4. In the event the customer agrees to pay the consideration for the services via ECS mode, then the same cannot be cancelled by the customer amidst the terms of the agreement unless the agreement is earlier terminated by Toohot media. As its sole discretion or by manual consent of Toohot media. And the customer.
5. One website is live after the approval of the customer (which approval cannot be unnecessarily withheld), all the changes requested to Toohot media. shall be chargeable on mutually agreed terms. In the event the customer does not respond regarding the approval of the website, after having sent, the same shall be deemed to have been approved and any charges requested thereafter to Toohot media. shall be additionally chargeable. However, the client may have all time CMS access to make changes to the website.
Customer shall indemnify and hold Toohot media. Harmless from all claims. Costs, proceedings, damages and expenses (including legal and other professional fees and expenses), awarded against or incurred or paid by Toohot media. As a result of or in connection with any alleged or actual infringement of any third party’s intellectual property rights(including copyright)or other rights arising out of the use or supply of the information by or on behalf of the customer to Toohot media.
If the contract is terminated by the customers before services under this agreement are to begin executions or are in the process of completion that in such an event, under no circumstances, of the consideration paid or agreed by the customer, shall be refundable and the same shall be forfeited in full.
1. Toohot media. shall be permitted to identify customer, as Toohot media. Client and may use customer’s name in connection with Toohot media. marketing initiative.
2. Customer agrees and permits Toohot media to make calls and messages on his mobile ad office contact numbers subsequent to the singing of this agreement.
3. Customer agrees to take a virtual number from Toohot media. for the purpose of running the advertising campaign and to enable measurability of the campaign. It is agreed by and between Toohot media. And the customer, that Toohot media. Is within its right to discontinue the above stated visual number of the customer, in the event, the customer choose not to advertise further as these calls may be recorded for reference and quality purpose.
4. Toohot media is authorised to replicate the existing website of the customer on its sub-domain and his hereby Authorised to make such changes as may be required for the betterment of the delivery of the advertising campaign.
5. Clients agree to do all the requisite changes recommended by on its website in order to enhance the advertising campaign performance
1. Toohot media. Makes no representations, warranties or guarantees of any kind as to the level of sales, purchase, click, sales leads or other performance that customer can expect from advertising “campaign” through Toohot media. Any estimate provided by Toohot media. To the customer are not intended to create any binding obligation or to be relied upon by the customer and the same are mere estimates.
2. Toohot media. Will was not liable for any loss of profit, loss of contract, loss of use, or any direct and/ or indirect and/ or any consequential loss, damage and expense sustained! Incurred by the customer as a result of any acts or omissions or information or advice/ given in any form by or on behalf of the Toohot media. To the customer and the customer is advised to make its own enquiries and use its own best judgement and/ or intellect before taking any decision regarding the same.
3. In addition to the above, it is further agreed that the customer shall be solely liable for any loss or damage, whether monetary or other suffered by it, as a result of any change effected by it 1 on its own in the website by using CMS and Toohot media. Shall not be held liable on any account whatsoever.
4. The customer would be provided access to reporting the interface by Toohot media. Showcasing all the critical performance parameters however, Toohot media. accepts no liability based on performance. FORCE MAJEURE Neither party will be liable to the other, for any delay or failure to fulfil obligations set for it in this agreement caused by force majeure reasons or circumstances beyond their control.
1. Any notice sent by the customer with respect to this agreement has to be in writing and has to be sent through registered post at the following address. House No-60, Phase-2, Vasant Vihar, Near Vikas Mall, Dehradun (248006).
2. In case of any query, the customer can contact the manager of Toohot media. Between 10 AM to 6 PM between Mondays to Friday on the phone number given on the face of the present invoice.
GOVERNING LAW AND JURISDICTION
1. The agreement, its validity, construction, interpretation, effect, performance and termination shall be governed by the laws (both substantive and procedural) as applicable in India from time to time.
2. Any dispute or differences arising out of or in connection with this agreement including its interpretation thereof between Toohot media. And the customer shall be subject to the exclusive jurisdiction of the courts of Noida (India) only.
Toohot Media respects your privacy.
Toohot Media also complies with the Spam Act 2003, which deals with restrictions on sending emails.
WHAT KIND OF PERSONAL INFORMATION DO WE COLLECT AND WHY?
The types of personal information collected includes but is not limited to; name, contact details, identification information, household details, records of your interactions with us, and details/history of preferences, interests and behaviour relating to activity with our digital services.
Toohot Media may collect information about you via technology such as cookies from Toohot Media’s websites when you visit. This information is added to any of the existing details about you we have collected and is used in conjunction with existing information for various purposes, including for the purpose of enhancing your experience whilst using Toohot Media’s websites.
Cookies are small pieces of computer code which remain on your computer and contain information which help Toohot Media identify your browser and previous information viewed in relation to Toohot Media’s websites or services. When you visit Toohot Media’s websites the cookies record certain details including the date, time and advertising content of that site. The information Toohot Media collects in this way may include the following:
your Internet service provider’s address;
the date and time of your visit;
the pages you accessed; and
the type of browser you used.
You can elect to prevent Toohot Media using cookies or be notified when they are being used when you visit Toohot Media’s websites by changing your browser settings. If you do not allow cookies to be used, some or all of Toohot Media’s websites might not be accessible to you.
Toohot Media may collect information about you from third parties and Toohot Media will take reasonable steps to ensure you are aware of the information collected and the circumstances of collection.
THIRD PARTY COOKIES
When you visit Toohot Media’s websites, register or sign up to any Toohot Media website, a third party cookie may be set or installed on your browser. Third party cookies allow advertisers to target or customise their online advertisements.
HOW WE USE AND DISCLOSE YOUR INFORMATION
We use your information to provide and market our services to you, to enhance and develop our relationship with you and to comply with certain laws and regulations. This may involve sending your personal information to these offices overseas. Toohot Media may also disclose your information to service providers, agents and contractors from time to time to help us to provide and market our services to you or as otherwise required or authorised by law.
We handle personal information relying on the employee and related bodies corporate exemptions in the Privacy Act where those exemptions are relevant.
Toohot Media is bound by professional obligations of confidentiality and legal professional privilege. We will continue to treat and protect information we receive (including any personal information) in accordance with these obligations.
Toohot Media may disclose personal information to any person or authority where Toohot Media is required to by law.
SECURITY OF YOUR PERSONAL INFORMATION
Toohot Media is committed to ensuring security of personal information it holds.
Toohot Media takes reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification and disclosure. This includes the use of access control via unique encrypted user passwords; however, each user is personally responsible for maintaining the security of his or her account. A user should not share account information such as their user- name, and is responsible for keeping it confidential.
Toohot Media will destroy or de-identify personal information in circumstances where it is no longer required, unless Toohot Media are otherwise required or authorised by law to retain the information.
Toohot Media notes that it does not have control over information while in transit over the Internet and it cannot guarantee security of personal information during transmission over the Internet. As well, our web site may include web links to other websites. Toohot Media are not responsible for and do not endorse the content of those other websites or their privacy practices.
Toohot Media recommends you review the privacy policies of those websites.
OVERSEAS DISCLOSURE & THIRD PARTY WEBSITES
You should be aware that third parties including marketing partners and suppliers to whom your information may be disclosed might be based in countries outside Australia whose laws provide for a different standard of protection for your personal data than that provided under Australian law.
Toohot Media will take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information.
To the fullest extent permitted by law, Toohot Media disclaims all liability for the actions of any sponsors or other third parties to whom your personal information is disclosed. Toohot Media makes no warranty that third parties to whom personal information is disclosed will comply with any applicable laws in relation to their handling, use and disclosure of personal information.
OPTING-OUT AND UPDATING PERSONAL INFORMATION
Toohot Media works to ensure that all personal information about you that Toohot Media collects uses or discloses is accurate, complete and up-to-date. Under the Privacy Act, you have a right to access and/or seek correction of your personal information that is collected and held by us.
If at any time you would like to access or correct the personal information that Toohot Media hold about you or delete your personal information from our database, you may do so by contacting us in writing via one of the channels below. Toohot Media will endeavour to resolve your query within 7 days.
Toohot Media may charge a reasonable fee to cover our costs of responding to your information requests.
If you wish to opt out of receiving direct marketing communications from Toohot Media , you may do so at any time by using the “Unsubscribe” hyperlink clearly labelled at the bottom of all Toohot Media mailings or by contacting us via one of the channels below.
Account Manager, Toohot Media
Email: [email protected]
You may be required to opt out of third party websites via those third party offers or websites. Toohot Media is not responsible for any difficulties or issues that arise with respect to third party opt out practices.
MAKING A PRIVACY COMPLAINT
Toohot Media takes any complaint seriously. You can make a complaint through our website or in writing to our Compliance Officer.
We will acknowledge your complaint within 5 working days of receipt and respond within 30 working days.