Terms 2

Terms & Conditions

1. Identification and Contact Details.

CHIPICAN LLC/dba/ toty (“Toty” or “We” or “Company”), a Delaware limited liability company, maintains this website: www.toty.com (the “Site”) for general information and communication purposes only.  The following are Toty’s details for contact:

TOTY

A 101 S ROBERTSON BLVD, #209

LOS ANGELES, CA 90048

Support@toty.com

2. Acceptance by User.

All the information on this Site is published in good faith.  Please be informed that your access, browse, use of the Site, and your purchase of Toty products is subject to the following Terms (“Terms”) and all applicable laws.

Toty reserves the right to revise these Terms at any time.  As such, you should check these Terms periodically.  If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them.  At the bottom of this page, we will notify you of the date these Terms were last updated.

3. Access to Site and Passwords.

Generally, you do not need to subscribe or register in order to use and browse our Site.  However, we may require your registration if you wish to use certain features within the Site.  Such registration may be subject to specific terms of registration with which you must comply.   When any of the Site content or functions on the Site require you to register with us, or otherwise provide user information, you must complete the registration process by providing us with complete and accurate account information. Each registration is for a single user only. Once an account is created, you agree to (a) maintain and promptly update, as necessary, your information, (b) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (c) immediately notify Toty if you discover or otherwise suspect any security breaches related to the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate any and all current or future use of the Site.

You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity.  

If you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely 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 have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify toty’s Customer Service Team by sending an email to support@toty.com.

YOU ARE SOLELY LIABLE FOR LOSSES, DAMAGES, LIABILITIES, EXPENSES INCURRED BY YOU, TOTY OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT REGARDLESS OF WHETHER YOU HAVE NOTIFIED US OF SUCH UNAUTHORIZED USE. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Toty has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Toty has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof). You agree not to create an account if you have been previously removed by Toty, or if you have been previously banned from use the Site’s services. 

You may cancel your account with Toty at any time by following the instructions on the Site. If you voluntarily terminate your account or allow your account to lapse, you may reactivate your account at any time through the user account section of the Site. Accounts terminated by Toty for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. We reserve the right to immediately terminate your account in our sole discretion, and without prior notice to you if, for example, you violate the Terms.

Browsing, access and security.

Accessing and browsing this Site implies acceptance and knowledge of the legal warnings, Terms of use contained therein. Toty makes its maximum effort to ensure that access to and browsing this Site are carried out under the best conditions, avoiding damages of any kind that may be caused during the same.

Toty does not warrant that access to this Site will be uninterrupted or error-free, and is not responsible for performance failures, omissions, service interruptions, defects, transmission delays or connection line failures nor does any representations or warranties that the content or software that may be accessed through this Site will be error-free or will not cause damage.

Toty makes its maximum effort to ensure that this Site does not contain any computer virus that may cause harm to users. Notwithstanding these efforts, Toty declares that it is impossible to guarantee at all times that this Site will be free of computer viruses, and therefore, in no event shall Toty be for any loss, damage or harm of any kind arising from access to and use of this Site including, but not limited to, any loss, damage or injury caused to computer systems or caused by the introduction of viruses.       

Toty shall not be liable for any damages that may be caused to Users by improper use of this Site.

4. Purchases on our Site.  

toty offers suncare products (skincare, makeup, SPF, wellness) for sale on the Site. Please carefully read all pricing terms available in the areas of the Site that allow you to make purchases. Your use of the Site includes the ability to enter into agreements and/or make transactions electronically. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. TOTY is not responsible for typographic errors. Some aspects of the Site may require you to pay a fee, the details of which are available in various areas of the Site that feature the ability to purchase products, features, or services. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by Toty, your account may be closed without warning or notice at our sole discretion. EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

5. User Content and Proper Use of the Site.

When you transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content.  This means that you, and not we, are entirely responsible for all User Content that you post to the Site. While using our Site, you agree NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Site.

You agree that you will comply with these Terms and will not:

1. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

2. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;

iii. use the Site for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity, or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed, or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms infringe the rights of others.

If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email at support@toty.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it).  We may not be able to process your deletion request if you are unable to provide such information to us.   Please allow up to 10 business days to process your deletion request.

6. Termination of Usage.

We may terminate your access or suspend at any time your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users or us.  In addition, we reserve the right to refuse an order from any customer in our sole discretion.

7. Third-Party Links.

Toty is not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site.  These links are provided for your convenience only and you access them at your own risk.  Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website.  In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.

In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

8. Copyright and Licenses.

Everything contained in this Site is proprietary information of Toty (or third-parties from whom Toty has obtained appropriate consent), which owns the intellectual property rights and materials on the Site.  You may not use or link any information or materials on this Site without the written permission of Toty, except as expressly provided in these Terms or within the text of the Site.

You may freely browse the Site, but your accessing, downloading and/or using of any information from this Site, including, but not limited to, any text, images, audio, and video, is limited to your own personal use.

Nothing in this Site shall be deemed to constitute, by implication or otherwise, the grant of any license or right to use any of Toty’ intellectual property rights, and/or any information or materials herein contained.  Therefore, you are not allowed to, without written permission of Toty, distribute, modify, transmit, reuse, repost, or use the information contained herein for any commercial purpose, unless expressly provided in these Terms or within the text of the Site.

9. COPYRIGHT INFRINGEMENT NOTICES

We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the users’ privileges to Toty’s Site, when they are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to support@toty.com for notices of infringement and provide the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;

• Identification of the copyrighted work(s) that you claim has been infringed;

• A description of the material that you claim is infringing and the location of that material on the Site;

• Your address, telephone number and email address;

• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

10. Disclaimers and Limitations of Liability

Toty has made this Site in good faith to offer its consumers and to general public quality, reliable and safe services so the Site is provided on an “AS IS,” “as available” basis.  Toty does not warrant that your use of the Site will be uninterrupted or error-free.  Toty does not warrant the accuracy, integrity, or completeness of the content provided on the Site, or the products or services offered on the Site.  Toty specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose.  No oral advice or written information given by us shall create a warranty.  You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.

Consequently, the user accepts the provision of the service of this Site under the conditions in which they are effectively delivered and personally assumes the consequences of his decision to make use of it.

Toty does not guarantee in any case:

1. The accuracy or truthfulness of any information contained on the Site

2. The availability, continuity, accessibility, functioning, operability or quality of the Site

3. The lawfulness, reliability, quality, usefulness or truthfulness of the information, the absence of viruses or other harmful of the Site

4. The veracity or validity or authenticity of information of the personal data provided by users.

Compliance, by users, with law, Terms of use, public morality, good customs or public order, in the access or use that they make of the Site

Under no circumstances shall Toty be liable for any direct, indirect, incidental, special, or consequential damages that result from your use of or your inability to use the Site, whether due to a server failure or any other reason, and whether or not attributable to us, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services.  

In addition, links and hyperlinks do not imply any responsibility for Brill Pharma or approval by Toty of the information contained therein; links and hyperlinks to other Internet sites are at your own risk; Toty does not investigate, verify, control or endorse the content, accuracy, legality or opinions expressed in other links provided by these sites.  

Toty guarantees the confidentiality of user’s personal information, which will only be used according to its Privacy Policy

The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages.  You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available throughout the Site. 

11. Usage by Minors

This Site is not intended for or directed to persons who are minors.  Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase.  By registering with this Site, purchasing products or services from us, or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

12. Applicable Law

You agree that the laws of the State of New York, United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Toty.

13. Disputes

For any dispute you have with us, you agree to first contact us through email at support@toty.com to attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts located in the Southern District of New York, USA and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. You agree that you will not file or participate in a class action against us.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THESE TERMS, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. 

YOU ALSO AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

These Terms were last revised and updated on June 20, 2023.