Terms & Conditions for Users

1. Introduction

• Welcome to Toffu! These Terms & Conditions ("Agreement") govern your use of our website and services either as a visitor or as a member. By accessing and using our website or by placing an order, you agree to comply with and be bound by these terms which will apply to the entire website and any email or other type of communication between you and Toffu.
• If you do not agree to these Terms & Conditions, please do not use the Toffu Services.
• We encourage you to read this Agreement carefully.

 

2. Definitions

• To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, unless stated otherwise, are defined as:

• Buyer: Individuals or legal entities either as a Visitor or a Member, who have purchased products offered on the Website under the Remote Sales Agreement by Toffu.

• Content: Includes all visual, literary, and auditory materials such as designs, logos, information, files, images, music, and more available on the Website.

• Cookie: A small amount of data generated by the Website and saved by your web browser. It can be used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

• Device: Any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Toffu and use the Services.

• Member: Individuals or legal entities who have registered as members to the Website and had their membership approved by Toffu.

• Product: Encompasses all products and/or services available for sale on the Website.

• Service: Services provided by Toffu, subject to possible amendments.

• Toffu: Refers to Toffu Bilgi Teknolojileri Ltd. Sti. & Toffu, Co.

• User: Refers to Visitors and Members collectively.

• Visitor: Refers to both individual and legal entity users who access the Website online and benefit from the services without creating an account on the Website, subject to the conditions in this Agreement.

• Website: The website located at toffu.co, including its subzones, where value-added services are provided.

 

3. Subject & Scope of the Agreement

• This Agreement outlines the Services and Products offered on the Website, the terms of access, use of these Services and Products, as well as the rights and responsibilities of all parties. It includes all declarations, warnings, written statements, and explanations provided by Toffu regarding Website use, membership, and services.

 

4. Visiting the Website

• The Website may be accessed and browsed without the need for membership via the current domain of the Website using capable Devices and a proper internet connection.

 

5. Membership

• To become a member, you must either complete the required membership forms by providing your name, surname, e-mail address and setting a password; or you may use your existing Google, Amazon, LinkedIn, Twitter, or Facebook accounts.

• You must provide accurate information and, if applicable, pay any membership fees. 

• You must be of legal age and have the necessary authority to represent a legal entity for entity members.

• Members may add or edit their billing addresses for their next purchases and see their past orders, if applicable.

• Members may reset their passwords by using their e-mail addresses which they have provided to Toffu while they were creating an account.

• Toffu reserves the right to approve, terminate or suspend membership without notice for various reasons, including non-compliance with this Agreement.

 

6. Termination

• Toffu may unilaterally terminate this Agreement without cause and without notice.

• Toffu may also cancel a Member's membership if they violate the Agreement or the Website rules.

• Users may also terminate this Agreement by not using Website and Services.

• Upon termination of this Agreement, Users shall cease all use of the Website and Services.

• Termination of this Agreement will not limit any of Toffu's rights or remedies at law or in equity in case of breach by Users (during the term of this Agreement) of any of their obligations under the present Agreement.

 

7. Sale, Shopping & Purchasing Process

• Toffu, as a marketplace, offers some Products with a charge or free of charge. Users can access these Products through the Website and buy the Products as a Member or a Visitor. In the event of purchasing Products, the data regarding Users’ payment methods are processed and saved by a third-party payment system. Toffu does not process and save the information related to the payment process.

• The Products offered by Toffu are products that are delivered instantly and digitally to the Buyer. Therefore, the Buyer has no right to return or cancel. In other words, payments referred to herein shall not be refundable under any circumstances, including but not limited to the termination of this Agreement for whatever reason.

• Toffu may, from time to time, include contests, promotions, discounts, sweepstakes, or other activities (“Promotions”) that require Users to submit material or information concerning themselves. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. Users are responsible to read all Promotions rules to determine whether or not they are eligible to participate. If Users enter any Promotion, they agree to abide by and to comply with all Promotions Rules.

• In the event a Product and/or Service is listed at an incorrect price or with incorrect information due to typographical error, Toffu shall have the right to refuse or cancel any orders placed for the Product and/or Service listed at the incorrect price. Toffu shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Toffu shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

 

8. Rights and Responsibilities

• Visitors’ and/or Members’ (Collectively “Users”) Rights and Responsibilities

• Users are welcome to access and explore the Website, read Toffu’s Content, and benefit from various Services and Products offered as long as they comply with the Website rules and applicable laws.

• Users can access the Services and Products provided by Toffu by reaching the Website via electronic Devices including but not limited to mobile phones and computers. It is the responsibility of the User to provide appropriate Devices.

• Users are expected to respect and adhere to the terms of this Agreement, other Website rules, and applicable laws.

• Members are responsible for safeguarding their membership information including their passwords and agree not to share them with third parties. In case of sharing, the Member shall be responsible for any mishaps that may occur an any damages that the Member may suffer.

• The rights, Services and Products provided by Toffu cannot be used for commercial purposes aiming to provide similar services as Toffu.

• Users agree not to and permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Website or make the platform available to any third party.

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Website.

• Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Toffu or its affiliates, partners, suppliers or the licensors of the website.

• Users shall not take any actions or intervene in any way that would directly or indirectly damage, prevent access, overload or damage the Website, Products and/or Services. 

• Users shall not block or interrupt Toffu its servers or networks including by transmitting worms, viruses, spyware, malware or any other damaging or interfering code.

• Users accept and undertake in advance that they shall not have any rights or demands from Toffu in the event of termination of this Agreement due to behavior contrary to this article, and that they shall not claim any rights under any name.

• Buyers agree that they shall provide the proper software and/or Devices to be able to use the Product(s) they have bought.

 

• Toffu’s Right and Responsibilities

• Toffu may from time to time provide enhancements or improvements to the features/ functionality of the Website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates") and may change Services and Products and their prices. Updates may modify or delete certain features and/or functionalities of the Website. You agree that Toffu has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Website, and (ii) subject to the terms and conditions of this Agreement.

• Toffu reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any service to which it connects, with or without notice and without liability to Users. 

• Toffu does not endorse or warrant linked sites and disclaims responsibility for content accessed through external links.

• Toffu reserves the right to add, remove and alter Content including the Products.

• Toffu shall take the necessary care to ensure that its Services and Products are provided on time, safely and without errors, and that the quality meets the expectations, but it does not undertake all these.

 

9. No Warranties

• The website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.

• Without limitation to the foregoing, Toffu provides no warranty or undertaking, and makes no representation of any kind that the website will meet Users’ requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

• Without limiting the foregoing, neither Toffu nor any Toffu's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of Toffu are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

10. Disclaimers and Limitation of Liability

• To the maximum extent permitted by applicable law, under no circumstances shall Toffu be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on the Website, even if Toffu team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this Website results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

• Notwithstanding any damages that you might incur, the entire liability of Toffu and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Products and Services of Toffu.

• The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Toffu from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

• Toffu may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services"). You acknowledge and agree that Toffu shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Toffu does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

 

11. Indemnification

• You agree to indemnify and hold Toffu and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

 

12. Cookies

• Toffu uses "Cookies" to identify the areas of the Website. A Cookie is a small piece of data stored on Users’ Devices. Toffu uses Cookies to enhance the performance and functionality of the Website. Most web browsers can be set to disable the use of Cookies. However, if Cookies are disabled, functionality on the Website might not be accessed correctly or at all.

 

13. Privacy Policies

• Toffu will use member information as outlined in the Privacy Policy, which is an integral part of this Agreement.

 

14. Intellectual Property Rights

• The Website and its entire Content including Products, elements, features and functionality (including but not limited to all information, database, interface and other codes, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are subject to copyright and owned by Toffu, its licensors or other providers of such material and are protected by international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, reselled, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Toffu, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

• If you are a copyright owner or such owner’s agent and believe any material on our Website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

 

15. Display of Logos

• Toffu may showcase logos of some legal entity Users including but not limited to schools and companies on the Website's homepage or on different pages. These logos are sourced from email addresses associated with regular purchases, and the inclusion is based on official email addresses. By purchasing Products regularly from Toffu as a legal entity Buyer, you accept in advance that Toffu may use your logo for display on the Website's homepage, on different pages of the Website and related promotional materials.

• Legal entity Buyers have the right to opt out and withdraw their consent at any time. To do so, please contact Toffu, and upon receiving such a request, Toffu will promptly remove the respective logo from the Content.

• Toffu acknowledges that this practice does not infringe upon the intellectual property rights of the legal entity Buyer. The use of logos is based on the consent provided, and legal entity Buyers understand that Toffu will cease displaying their logos upon request.

• Toffu reserves the right to amend this provision as necessary to address any legal requirements, changes in business practices, or to enhance User experience.

 

16. Amendments to the Agreement

• Toffu may amend this Agreement at its discretion. Amendments that are favorable to Users will be effective upon posting the change on the Website. Users will be notified of changes, but they cannot unilaterally modify the Agreement. Amendments that are disadvantageous to Users will be effective upon reaffirmation of the User. By continuing to access or use our Website, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Toffu.

 

17. Force Majeure

• Toffu is not responsible for delays or failures in fulfilling obligations due to events beyond its control, including but not limited to natural disasters, wars, labor disruptions, and infrastructure issues.

 

18. Applicable Law and Jurisdiction

• This Agreement is governed by Turkish law, except for conflicts of law. Any disputes will be resolved by the courts of Istanbul Çağlayan.

 

19. Miscellaneous

• If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions shall continue in full force and effect.

• Any waiver of any provision of these Terms & Conditions shall be effective only if in writing and signed by an authorized representative of Toffu.

• These Terms & Conditions contains the entire understanding, and supersedes all prior understandings, between you and Toffu concerning its subject matter, and cannot be changed or modified by you. You may be subject to additional terms and conditions that apply when you use or purchase other Toffu's services, which Toffu will provide to you at the time of such use or purchase.

• The article headings used in this Agreement are for convenience only and will not be given any legal importance.

 

20. Enforcement

• This Agreement takes effect upon electronic approval by the User.

 

21. Accessibility

• We strive to make our Terms & Conditions accessible to all users. Please contact us if you require assistance.

 

22. Contact Information

• For questions or inquiries related to this Agreement, please contact us at hello@toffu.co.

• Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by Users to Toffu with respect to the Website shall remain the sole and exclusive property of Toffu.

• Toffu shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to Users.

 

23. Review and Update

• We regularly review and update our Terms & Conditions to ensure their accuracy and compliance with the law. Please check back for any changes.