Connect with FacebookTerms of Use Updated on March 11, 2013
We make the products and services on Totsy.com (the "Site") available to you subject to the following terms and conditions of sale and service, including the Totsy Rewards Program Official Rules ("Terms of Use"). If you visit or shop at totsy.com, you accept these Terms of Use. Please read them carefully.
This Agreement is between you ("You" or "Member") and Totsy, Inc. ("Totsy") pursuant to which Totsy is prepared to grant You access to a member account and to sell to You products and services it makes available for sale through the Site. Totsy reserves the right to change these Terms of Use from time to time at its sole discretion, and your rights under these Terms of Use will be subject to the most current version of these Terms of Use posted on this page at the time of your use or purchase. We will also send all our registered members a notice of change of these Terms of Use at their last known e-mail address stored in their Account. If you do not agree with these or revised Terms of Use, do not use this Site or purchase any Totsy merchandise available through the Site and affiliated websites.
This Agreement is in addition to your obligations and rights under the Privacy Policy posted on this Site. For the avoidance of doubt, in the event of a conflict between these Terms of Use and the Privacy Policy or other terms and conditions posted on the Site, these Terms of Use will control. If you are unsure of your rights under these Terms of Use, please contact Customer Service.
ACCOUNT AND REGISTRATION
The Site contains offerings for the purchase of goods and services that are supplied by various brand merchants and suppliers ("Suppliers"). Before making purchases, you need to register as a member and agree to these Terms of Use and establish one account for you ("Account"). You represent and agree that all registration and billing information provided by You is accurate and up-to-date. If any of your registration information changes, you must update it in your Account. Totsy only allows one Member per account. As part of your registration, you will give us certain personal information which will be used by us in accordance with our Privacy Policy. By agreeing to these Terms of Use, You are also consenting to receive marketing and advertisement e-mails from us from time to time. You may opt out of these emails by logging into your Account and updating your email preferences under the "My Account" tab or at any time when you receive marketing and advertisement e-mails from us.
If You use this Site and become a registered member with us, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. If you are under 18 (or such older age as required by the laws of your state of residency), you may make purchases on this Site only with the involvement of a parent or guardian.
Totsy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and reasonable discretion.
INTELLECTUAL PROPERTY; LICENSES
Trademarks and Service Marks. TOTSY is, without limitation, among the registered trademarks of Totsy and its affiliates. You are not allowed to use any such trademarks without Totsy's express agreement.
Copyrights. Product designs (including any and all collateral materials relating thereto) included on this Site are owned by Totsy and/or its licensors and protected by copyright laws. You are not allowed to use any such designs without Totsy's express agreement.
Site Ownership - License. TOTSY grants you a limited license to access and make personal use of this Site. However, you may not download, manipulate or modify it, or any portion of it, without our express written consent. This license does not include any resale or commercial use of this Site or any of its contents, and you may not reproduce, copy, sell, resell, access or otherwise exploit all or any portion of this Site for any commercial purpose without our express written consent. You may not use or reproduce Totsy's name, trademarks, service marks or logos or other proprietary information of Totsy without our express written consent. The Site, including but not limited to its graphics, logos, page headers, icons and service names constitute the property of Totsy and its affiliates. Other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Totsy. Any images of persons or personalities contained on the Site are not an indication or endorsement of Totsy or any particular product unless otherwise indicated. IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR DATA FROM THE SITE, YOU DO SO AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY ASSOCIATED DAMAGES TO YOUR COMPUTER OR LOSS OF DATA.
GOODS AND SERVICES; CUSTOMER SERVICE
Each sale transaction will be confirmed to Member in a Totsy purchase order ("PO") or upon the commencement of performance by Totsy. All sales are final once an order has been submitted and payment by credit card or debit card is made by a Member prior to shipment, unless otherwise mandated by applicable law. All POs for goods and services sold by Totsy to a Member are subject to these Terms of Use.
DESCRIPTIONS.
Totsy attempts to be as accurate as possible in its product and service descriptions. However, Totsy does not warrant that product, service and price descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by Totsy itself is not as described, your sole remedy is to return it in unused condition for a refund. Totsy also reserves the right to cancel any orders resulting from such errors. Items pictures featured on this Site may not necessarily reflect exact colors or appearances of actual items due to digital reproduction variations and/or variations by a Supplier. We do our best to display products as accurately as possible. However, TOTSY and its Suppliers disclaim any and all responsibility or liability for the accuracy, content or legality of information or material provided on or through the Site. If a product offered by Totsy itself is not as described, your sole remedy is to return it in unused condition for a refund.
TERMS OF SALE OF VOUCHERS FROM SUPPLIERS ON OUR SITE
You may purchase vouchers from Suppliers through our Site. These vouchers are special promotional offers which our participating Suppliers make available to our Members through our service from time to time ("Voucher"). The Vouchers can be used in exchange for services or goods offered by, or facilitated through, the Supplier identified on the Voucher. The Suppliers are the sole issuers of the Vouchers, as identified on the Vouchers. We are a service provider for the Suppliers identified on the Vouchers. Each Supplier issuing Vouchers is and will remain solely responsible for redeeming them and for the services and goods it provides to you, including all Liabilities (as defined herein), whether related to the use or redemption of a Voucher.
By purchasing and printing a Voucher from the Site, or any other website associated with Totsy, you agree to the additional terms and conditions ("Terms of Sale") as provided herein. If you do not agree to these Terms of Sale, you should refrain from purchasing Vouchers on this Site.
The following terms apply to Vouchers, unless otherwise set forth in Voucher Terms (as defined below):
- Vouchers are limited to one per redemption and cannot be combined with any other Voucher or promotion.
- A Voucher can solely be applied to merchandise sold by the Supplier, not to shipping or handling charges.
- Neither we nor any Supplier are responsible for lost or stolen Vouchers or Voucher's reference number and reproduction, sale or trade of a Voucher is prohibited unless done in compliance with applicable law. Any attempted redemption not consistent with the terms and conditions will render the Voucher null and void.
- A Supplier may issue credit at its sole discretion unless otherwise required by law.
- Vouchers have two separate values, the "amount paid" and the promotional offer value. The "promotional offer value" is the additional value beyond the amount paid. Together, the amount paid and the promotional offer value equals the "full offer value" of the Voucher. If you redeem the Voucher for less than the amount paid, you will only be entitled to a credit or cash equal to the difference between the amount paid (NOT the promotional offer value) and the amount you redeemed from the Supplier, to the extent required by applicable law and if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you pay $30 for a voucher worth $50 of goods or services from a Supplier, the full offer value is $50, the amount paid is $30 (this amount does not expire until used or refunded), and the promotional offer value is $20 (this amount expires on the date stated on the Voucher unless expiration of the promotional value is prohibited by law or for a longer period as required by law). The amount paid will never expire. You will not have any redemption value if the amount you redeemed is more than what you paid for the Voucher. The promotional offer value of a Voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Vouchers are not reloadable and are fully transferrable.
PRODUCT AND SERVICE WARRANTIES AND DISCLAIMERS.
All warranties, if any, are as offered by the Suppliers whose products, services and vouchers are offered on this Site, as may be included with the goods or services purchased on our Site. The warranty does not cover normal wear and tear or damages resulting from misuse or abuse by the Member or third parties.
DISCLAIMERS.
OTHER THAN AS MAY BE PROVIDED BY A SUPPLIER, ALL GOODS, SERVICES, VOUCHERS AND CONTENT INCLUDED IN OR OBTAINED THROUGH THE SITE, ARE PROVIDED "AS IS," WITH NO WARRANTIES. TOTSY, ITS SUPPLIERS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
TOTSY AND ITS SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY TO ANY MEMBER OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ANY CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, (EVEN IF TOTSY, ITS SUPPLIERS AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TOTSY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY BUSINESSES OR SERVICE PROVIDERS. TOTSY, ITS SUPPLIERS AND ITS SERVICE PROVIDERS’ TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SITE AND TRANSACTIONS THEREON IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT OR SERVICE PURCHASED THROUGH THIS SITE WHICH RELATES TO SUCH CLAIM. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
DELIVERY : Totsy will use commercially reasonable efforts to deliver to You the goods purchased on the Site, consistent with the estimated schedule of delivery indicated to You during the purchasing process, as set forth in the applicable PO. However, Totsy's delivery obligations are subject to the performance of outside contractors, and Totsy will not be held liable for any damages due to a delay in delivery, or errors in delivery due to erroneous shipment information entered by the Member. If a delay in delivery exceeds more than fifteen (15) business days beyond the estimated shipping date, You may cancel your order or part of the PO which is not delivered, in which case we will refund You for those undelivered goods.
SHIPPING POLICY : Products offered at this Site are only available for delivery within the contiguous United States as well as Alaska, Puerto Rico and Guam. Shipping rates are higher for packages sent outside of the continental United States. Orders shipped to the destinations outside the U.S. are subject to all applicable customs charges, which will be in addition to your order. Totsy shall ship the goods of each PO in their original purchase condition, including the original product packaging, manufacturer's containers, documentation, warranty cards, manuals, and all accessories, and in a manner that goods are properly protected from deterioration and contamination. You shall be responsible to pay such freight charges as indicated on the face of your PO. For any shipping errors, lost or damages goods in transit, or defective goods, please refer to the terms of Totsy's return policy set forth below. If you receive quantities in excess of that shown in the PO, you must contact Totsy's customer care immediately and Totsy will ship back the goods shipped in excess at its own expenses.
RETURN POLICY : All Totsy sales are final. Totsy does not accept returns, unless otherwise stated on the event page of this Site or mandated by applicable law. For merchandise that was received damaged, defective, or in error, please contact Totsy's Customer Service, within 3 business days of receiving your package, at support@totsy.com.
RISK OF LOSS : All items purchased from Totsy are made available pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
CUSTOMER SERVICE : Our customer service department can be reached (except from Alaska) at our toll free number: 888-247-9444; Monday — Friday 9a.m.- 7p.m.; Eastern Standard Time or via e-mail at: support@totsy.com. Customers in Alaska must contact Totsy via email.
TERMS OF PAYMENT AND PURCHASE PRICE
Along with the PO and a packing list, TOTSY will submit an invoice with each shipment showing the PO number and other product or service information purchased by Member. When ordered goods are ready for shipment, a copy of the invoice will be forwarded to You by email. All offers are priced in U.S. dollars and are intended to be valid only in the United States. Applicable taxes will be added to all stated purchase prices prior to checkout. All prices shown in the PO are firm and are not subject to adjustment except in the case of errors in accordance with the terms of Paragraph 3 above. Payment of your order is due immediately upon ordering, before goods are shipped, by credit card using Totsy's trusted online security payment system. Your credit card information will be used only for one transaction (corresponding to one PO). However, you may opt to store your credit card information with Totsy to be used for future transactions on the Site.
INVITE FRIENDS POLICY AND CUSTOMER CREDITS
Invite Friends Offer Details. For every new member that You invite ("Invitee") to Totsy, You (the "Sponsor") will receive $15.00 in credit ("Credit"), or credit amount stated in promotional terms & conditions, to use only with Sponsor's next purchase. The Credit shall be posted on Your Account after Invitee's first qualifying purchase has been shipped. The Credit will have no value unless used for a purchase on the Site. You can invite as many people as You want and You can earn as many Credits as You bring Invitees. Only one Credit is allowed per invited new member. Invitees must join by clicking the link in the e-mail invitation or clicking on your personal invite URL to receive the Credit. An Invitee can only accept one invite to Totsy. If an Invitee accepts an invite from someone else, Sponsor will not issue Credits in connection with that invitation. In connection with these promotions, which may change from time to time, any person that receives Credits, prizes or other benefits by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any Credits, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.. All information submitted by you in connection with any referral will be subject to our Privacy Policy. Totsy Credits will not be issued for invites with the same billing and/or shipping information as the invitor.
Customer Credits. Credits are only for use for products sold on the Site and may not be used for the purchase of gift cards or services. If a purchase is made but is thereafter cancelled or returned in accordance with these Terms of Use, you will be awarded a Credit. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, Credits do not constitute property and you do not have a vested property right or interest in the Credits. We reserve the right at any time, at our sole and absolute discretion, and without prior notice, to discontinue the Credits program or to add or change Credits program rules, terms or conditions, including changing expiration periods or Credits values for existing or future Credits.
Totsy reserves the right to change the terms and policies of this offer at any time upon notice on this Site and/or by electronic notification to its members. TOTSY further reserves the right to suspend or terminate the Account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to this offer including, without limitation, creating fictitious, alias, or duplicate accounts to obtain credits. If your Account and/or membership is terminated for any reason, any credit balances in your Account will be cancelled, except as prohibited by law. Account balances are determined by TOTSY and such determination is final.
TERMINATION BY TOTSY
TOTSY reserves the right to terminate a PO, or any part thereof at any time, without penalty at any time and for any reason, except that Totsy shall immediately refund Member for the price of the goods cancelled. Totsy reserves the right to also suspend or terminate Your Account and de-list you as a member of the Site at any time, for any reason, including in the event that you are in breach of any terms of these Terms of Use, for any acts or type of willful misconduct (including but not limited to receiving goods that are not paid for, misuse of any promotional credits, creating multiple accounts to benefit from free shipping), or if you have attempted to, or have disparaged, defamed or tarnished Totsy's reputation and/or misused its intellectual property rights. Any suspension or termination of your Account will result in forfeiture of any credits that may have been applied thereto.
INDEMNIFICATION.
You shall defend, indemnify, and hold harmless Totsy, its affiliates and each of their employees, contractors, directors, investors, partners, licensors and sublicensees, and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities ("Liabilities"), that arise from or relate to the product or service warranties from Suppliers and your dealings with any such Suppliers after any purchase is made on our Site of a Supplier product, service, or related to any act or omission of a Supplier in connection with your use of a voucher or the services/goods it provides in connection with it as well as your use or misuse of, or access to, the Site and related content and services or otherwise from your submissions, violation of these Terms of Use, or infringement by You, or any third party using your Account, of any intellectual property or other right of any person or entity (unless a court of competent jurisdiction holds that such claim arose due to an act or omission of Totsy). We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defenses.
REGULATORY COMPLAINTS AND INFRINGEMENT
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone accessing, transacting, registering, and/or otherwise using the Site in violation of any applicable federal, state, or local laws.
Totsy respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that any products or services or certain parts of the content on our Site constitute an infringement of your copyright, you should notify us promptly and in accordance with the procedures described below. We will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") when the following is sent to us at the address set forth below:
i. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
ii. identification of the copyrighted work claimed to have been infringed;
iii. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. your contact information, including your address, telephone number, and an email address;
v. a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. a statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such DMCA claim should be sent to us as follows:
Totsy, Inc. 75 Broad Street, Suite 1500, New York 10004.
GENERAL
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement must be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules, and shall be resolved individually, without resort to any form of class action. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.
The parties irrevocably consent to submit to the jurisdiction of state and Federal courts, as applicable, of the State of New York located in New York County, New York on matters arising out of these Terms of Use. Notwithstanding this, You agree that Totsy will still be allowed to apply for injunctive relief in any jurisdiction (without limitation of any other rights or remedies otherwise available to TOTSY and without the necessity of posting a bond). No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. If any part of these Terms of Use is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of these Terms of Use shall continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement cannot be altered or modified in any way without the prior written consent of Totsy.
If You are acting as an agent for a principal (including on behalf of your employer), You and the principal, jointly and severally, assume all of your obligations set forth in these Terms of Use. The rights and liabilities of the parties hereto shall bind and inure to the benefit of their respective successors, heirs, executors and administrators, as the case may be.
TOTSY is not responsible for any default or delay due to causes beyond its control including, without limitation, strikes, lock outs, shut down of internet connections by Internet provider, cyber attacks on the Site, loss or stolen items while in transit and while in custody of carriers hired by TOTSY, non-delivery of items ordered from any Supplier. Totsy will inform Member in writing when any such cause occurs, or appears likely to delay deliveries and/or frustrate performance of services by Totsy and will use commercially reasonable efforts minimize such delay or performance. If any such default or delay threatens to impair Totsy's ability to meet delivery obligations for its material, supplies and services, Member shall have the right, without any liability to Totsy, to cancel the portion or portions of the PO so affected. Member shall not be liable for default or delay in the performance of its obligations due to cause beyond its control.
Please review our PRIVACY POLICY and our security practices also included in our Privacy Policy and incorporated herein by reference.