Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.toshi.co website and the TOSHI mobile application (the "Service") operated by TOSHI Technologies Ltd and TOSHI Technologies Inc ("us", "we", or "our"). Where “TOSHI Technologies” refers to the respective entity, based on the country in which the service is used.
TOSHI Technologies Ltd herein refers to the UK entity and TOSHI Technologies Inc herein refers to the US Entity.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
When you create an account with us, you are required to provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions taken under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or any other wording that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
TOSHI Service includes a range of delivery types and activation options:
The Service and its original content, features and functionality are and will remain the exclusive property of TOSHI Technologies. The Service is protected by copyright, trademark, and other laws of both the United Kingdom, United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of TOSHI Technologies.
The user agrees to adhering to applicable laws and respecting intellectual property rights when using the Service, and using the Service in a lawful and appropriate manner in the respective country of use.
Our Service may contain links to third-party websites or services that are not owned or controlled by TOSHI Technologies.
TOSHI Technologies has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In agreeing to these Terms you acknowledge and agree that TOSHI Technologies 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.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall, survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify, and hold harmless TOSHI Technologies and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall TOSHI Technologies, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not TOSHI Technologies have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
TOSHI Technologies, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will TOSHI Technologies ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by TOSHI Technologies or any person for whom TOSHI Technologies is responsible, and even if TOSHI Technologies has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of:
Without regard to its conflict of law provisions and enforceable in relation to the respective country, state, or county in which the TOSHI Service is used.
Any failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 60 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must cease using the service. TOSHI will notify users of material changes through email or prominent notice on the TOSHI website.
If any provision of the Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
In consideration of the Services, the user agrees to pay TOSHI Technologies the fees as agreed upon. The Fees are all-inclusive (except for any applicable VAT or state tax) and no other charges or costs shall be invoiced to the user in connection with the Services.
Fees are due in relation to utilization of Services. Service Fees are categorized in respect of: Deliveries from Store, Multi-Drop Deliveries Fulfilled from Store, B2B Collections, B2C Flat Fee Per Address Deliveries via TOSHI Hub
Without limiting its responsibilities under this Agreement, TOSHI shall maintain at its own expense, during the Term of this Agreement and for a period of not less than one (1) year after the termination or expiration of this Agreement, the following insurance:
1. Applicable to the United Kingdom:
2. Applicable to the United States of America:
The maintenance of such insurance is the sole responsibility of TOSHI (without prejudice to any insurer’s rights of subrogation) and the Client shall not be required to bear any of the cost of any insurance premiums.
Client shall be included as an additional insured on the liability policies listed above. TOSHI shall provide Client with a Certificate of Insurance evidencing such policies prior to commencing performance under this Agreement and at such times as reasonably requested by Client. The insurance policy shall contain a covenant from the issuing company that the policy shall not be canceled, limited in scope or non-renewed without thirty (30) days’ prior written notice to Client.
Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including the formation, interpretation, breach, termination, validity, or enforceability thereof, shall be settled through amicable negotiations between the parties.
If the parties are unable to resolve the dispute through negotiations within 30 days from the date of written notice of the dispute, either party may initiate binding arbitration as the sole and exclusive method for resolving the dispute.
The arbitration shall be governed by the laws of the country and state of use. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction thereof.
Both parties agree to treat any information disclosed during the course of their relationship as confidential and proprietary information, unless otherwise agreed upon in writing.
Each party agrees not to disclose, reproduce, distribute, or use any confidential information of the other party for any purpose other than fulfilling their obligations under these Terms & Conditions, except with the prior written consent of the disclosing party.
The obligations of confidentiality shall survive the termination or expiration of these Terms & Conditions.
If you have any questions about these Terms, please contact us at [email protected]