Terms & Conditions
- Usage of the Services
Once you complete and submit your registration, you have opted-in to receive email communication from us. You may not use the Services for any purpose that is unlawful or prohibited by these Terms & Conditions or to solicit the performance of any illegal activity or other activity, which infringes our rights or others. Notwithstanding any other rights or restrictions in these Terms & Conditions, you may not use the Services to:
- transmit via or through the Services any information, data, text, images, files, links, or software except in connection with your authorised use of the Services or otherwise in response to specific requests for information by us;
- introduce to our websites or otherwise in connection with the Services any computer or website viruses, worms, Trojan horses and/or harmful code;
- obtain unauthorised access to any computer system;
- impersonate any other person, including but not limited to, a registered user of the Services or an employee of ours;
- invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
- misrepresent the identity of a user or use a false e-mail address;
- tamper with or obtain access to our websites or mobile applications or any component of any of them;
- conduct fraudulent activities; or
- collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorised use of your account or any other breach of security.
- Membership Eligibility
- Additional Terms and Conditions
Additional terms and conditions may apply to specific portions of the Services or your membership, which terms are made part of these Terms & Conditions by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms & Conditions and the terms posted or emailed for, or applicable to, a specific portion of the Services or your membership, the latter terms shall control with respect to your use of that portion of the services or your membership.
The following terms and conditions apply to the applicable features in connection with the Services:
- The accuracy of Content; Limitations on Quantity
The information we provide in connection with the Services is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will correct any errors as soon as practicable. We reserve the right to (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).
We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event and promotion at any time without notice (including after an order has been submitted and/or acknowledged). The offer of any products, services and/or experiences at a certain time does not guarantee that the products, services and/or experiences will be available.
- Proprietary Rights
Excluding Member Content, you acknowledge and agree that the contents, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) used in connection with the Services are the property of Toccotoscano.com.my (hereinafter referred to as “Tocco Toscano”) and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials available on our website in connection with the Services. Use of the content and materials for any purpose not expressly permitted in these Terms & Conditions is prohibited. Tocco Toscano relies upon a network of independent vendors who supply some of the goods we advertise and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted in connection with the Services, or items advertised on our website, by our vendors.
By using the Services, you agree to indemnify, hold harmless, and defend Tocco Toscano, its parent company, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Services; (ii) your breach of the Terms & Conditions; (iii) your violation of any law or the rights of a third party; or (iv) your Member Content. You agree to cooperate as fully as reasonably required in the defence of any claim. Tocco Toscano reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.
Toccotoscano.com.my and it’s parent company, Miroza leather (M) Sdn. Bhd. (242474V) are not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any Member Content, or to any act or omission by Members, by Tocco Toscano or by any third party or by any of the equipment or programming associated with or utilized in connection with the Services. Any content submitted by our vendors does not necessarily reflect the opinions or policies of Tocco Toscano, Miroza or other groups or individuals.
The services, all content used in connection with the services and all text, images, merchandise, and other information on, accessible from or available through or in connection with the services are provided on an “as available” and “as is” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, Tocco Toscano does not warrant that: (i)The information available on this services is free or errors; (ii)The functions contained on the services will be uninterrupted or free of errors; (iii)Defects will be corrected, or (iv)The services or the server(s) that makes them available are free of viruses or other harmful components.
- Limitation of Liability.
In no event shall Tocco Toscano, our parent company, Miroza, subsidiaries, divisions, or affiliates or their respective officers, directors, employee, agents, successors, subsidiaries, divisions, distributors, supplied, affiliates, or third parties providing information on or in connection with the services be liable to any user of the services or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use or access the services or any information contained thereon or stoned or maintained by Tocco Toscano, whether based upon warranty, contract, tort, or otherwise, even if Tocco Toscano has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of Miroza, it’s parents, subsidiaries, or affiliates or their respective officers, directors, employees, agent, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on or in connection with the services to you for all damages, losses, and causes of action resulting from your use of the services, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to Tocco Toscano in connection with the applicable event and promotion giving rise to such liability. Without limiting the foregoing, in no event shall we, our parent company, subsidiaries or affiliates, or third parties providing information on or in connection with the services have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of Tocco Toscano.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Services. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
- International Use
We make no representation that information available in connection with the Services is appropriate or available for use outside the Asia region. Those who choose to access the Services from outside the Asia regions do so on their own initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- The risk of Loss
The items purchased through the Services are shipped by a third party carrier pursuant to a shipment contract. As a result, a risk of loss and title for such items passed to you upon our delivery shall be directed to the carrier.
- Tocco Toscano Affiliates
Tocco Toscano is not affiliated with websites or third parties that sell or advertise our products, services and/or experiences without a written agreement with us. We reserve the right to void all service, return, and other policies for orders and Tocco Toscano products that were purchased through unauthorised sellers. We are not responsible for any representations by unauthorised sellers.
- Unavailability of Services; Termination; Fraud
We may alter, suspend, or discontinue these Services in whole or in part, at any time and for any reason, without notice or cost. In addition, the Services may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Services or your account or membership, for any reason, including without limitation, breach of these Terms & Conditions. If at any time, we may notify you that your access to and/or use of the Services or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms & Conditions or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
- Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on our website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative, and must:
(a) identify the allegedly infringing materials.
(b) indicate where on the website the infringing materials are located.
(c) provide your name and contact information.
(d) state that you have a good faith believing that the materials are infringing.
(e) state that the information in your claim is accurate.
(f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorised to act on the owner's behalf.
These Terms & Conditions are subject to our revision. If we deem any of the revisions to be material changes, we will notify you in advance by sending you an e-mail to the last e-mail address you provided to us and by posting notice of the changes to our website. Any changes will be effective upon the earlier of the date specified in such notice or that posting of notice of changes, provided that the changes will not apply to your use of the services prior to the effective date of the changes. If you do not accept the changes, you may cancel your membership before the effective date of the changes. If any change is found invalid, void or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. You may check for any new notices of changes regularly and stay informed of the Terms & Conditions. Your continued use of the Services after any change, regardless of whether a change was received by you directly, indicates your acceptance and agreement to any such change.
Last Updated: August 15th, 2022