Registered Addr: Greenwood City, Sector 45 122002 Gurgaon IN
TOY MARCHE
Registered Addr: Greenwood City, Sector 45 Gurgaon, IN
+918010332222 https://www.toymarche.com/s/5f447e14285691dcc9bfcdf2/5fa00a8f29cc626bc128f080/logo-for-website-480x480.png" [email protected]

TERMS OF USE

THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING DOCUMENT BETWEEN USER AND TOY MARCHE (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND TOY MARCHE FOR THE USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

These Terms of Use of the website located at the URL www.toymarche.com under the name and style "Toy Marche" (the Website) is between Toy Marche (hereinafter referred to as "Toy Marche" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Toy Marche offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

These Terms of Use together with the Privacy Policy available at https://www.toymarche.com/page/privacy-policy, the Terms of Sale available at https://www.toymarche.com/page/terms-of-sale, together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

  1. General
  • Toy Marche is a company incorporated under the laws of India, with its registered office at Greenwood City, Block-A, Sector-45, India. Toy Marche is an inventory based e-commerce platform to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.
  • These Terms of Use are subject to revision by Toy Marche at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when Toy Marche last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. Toy Marche may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
  1. Services
  • The Website is an electronic platform in the form of an electronic store that (a) advertises, exhibits, makes available and offers to sell various Products to other Users (who are buyers / customers), and (b) is a platform for such other Users to accept the offer to sell of the Products made on the Website and to make payments for purchase of the Products, and (c) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products. 
  1. Eligibility to Use
  • The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Toy Marche system by Toy Marche for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Toy Marche and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
  • Toy Marche reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
  • You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
  1. User Account, Password, and Security
  • You may access and use the Website and the Services either as a registered user or as a guest user. However, all sections of the Website and Services may not be accessible to guest users.
  • Registered users: Toy Marche makes certain sections of the Services available to You through the Website only if You have provided Toy Marche certain required User information and created an account and a Toy Marche ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (Toy Marche and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
  • In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Toy Marche of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Toy Marche cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Toy Marche or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
  • You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
  • In the event you do wish your account to remain active on Toy Marche's website, please contact our customer support at [email protected] for account deletion. 
  • If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Toy Marche has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Toy Marche has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
  • Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time. You may be required to provide certain personal information and Toy Marche may collect certain personal information. Your provision of, and Toy Marche's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Toy Marche's privacy policy, which is available at https://www.toymarche.com/page/privacy-policy ("Privacy Policy").
  1. Payments related Information
  • Presently, Toy Marche does not levy any fee for browsing the Website or buying the Products on the Website. Toy Marche may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. Toy Marche will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that Toy Marche may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.
  • You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Toy Marche expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
  • Toy Marche may have existing arrangements with its banks, regarding limits on the amounts You can pay in the course of a single transaction. Toy Marche will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, Toy Marche shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by Toy Marche with its bank from time to time.
  • For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Toy Marche does not control the same and shall not be liable for the same.
  1. User Obligations And Role Of Toy Marche
  • Subject to compliance with the Agreement(s), Toy Marche grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
  • You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.
  • You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.
  • You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Toy Marche. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  • If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content to the grievance officer, the details whom are provided in Clause 15.7 below.
  • The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Toy Marche using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Toy Marche does not endorse any User Content on the Website and is not responsible or liable for any User Content. Toy Marche reserve the right to disable access to the User Content on the Website.
  • You hereby grant Toy Marche a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
  • Toy Marche does not provide any guarantee, warranties or assurance with respect to the Products on the Website in addition to any manufacturer guarantee, warranty or assurance.
  • When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
    • belongs to another person and to which the User does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
    • harms minors in any way;
    • impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
    • attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Toy Marche server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
    • probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Toy Marche, including any Toy Marche Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
    • disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
    • use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Toy Marche or other third parties;
    • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    • violate any applicable laws or regulations for the time being in force within or outside India;
    • violate the terms of the Agreement. 
  • You agree that You are solely responsible to Toy Marche and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which Toy Marche or its affiliates or its vendors may suffer) for any such breach.
  • Toy Marche does not pre-screen User Content. Toy Marche has no obligation to monitor any User Content. However, Toy Marche at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if Toy Marche determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where Toy Marche removes any User Content from the Website, Toy Marche will make reasonable efforts to inform the user who had posted such User Content.
  • You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
  • You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
  • You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates").
  • The Products offered on the Website are merely an invitation to make an offer for purchase and Toy Marche does not guarantee availability of the products at all times. There may be certain orders that Toy Marche is unable to process and must cancel. Some situations that may result in Toy Marche's inability to process the buyer's order, including, without limitation, non- availability of the Website service, non-availability of the Product, force majeure, credit limitations or suspected fraud. An order will be said to be accepted and final only once an invoice is generated by Toy Marche. In case an order is not accepted by Toy Marche, and You are charged, full refund shall be provided.
  • In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Toy Marche for the same, Toy Marche may inform the product manufacturer to provide or facilitate the provision of such services to the buyer. Toy Marche is not and shall not be obliged to provide any such additional services.
  1. Use of Content
  • Except as expressly indicated to the contrary, Toy Marche hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
    • You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
    • You may not modify or alter product catalogues available on the Website;
    • You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
    • You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
      • The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
  1. Intellectual Property Rights
  • The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Toy Marche or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Toy Marche reserves the right to change or modify the Content from time to time at its sole discretion.
  • The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Toy Marche or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Toy Marche, the vendor/seller or the third party that may own the Marks.
  • Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Toy Marche owns all intellectual property rights to the trademark "Toy Marche", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  • Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Toy Marche or thirty party owner of such Content.
  1. Third Party Content
  • General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by Toy Marche in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. Toy Marche may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Toy Marche shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
  • In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Toy Marche makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.
  1. Disclaimer Of Warranties & Liability
  • THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY TOY MARCHE ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TOY MARCHE MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOY MARCHE OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOY MARCHE WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. TOY MARCHE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TOY MARCHE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. TOY MARCHE HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT TOY MARCHE NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. TOY MARCHE SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, TOY MARCHE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND TOY MARCHE 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Toy Marche IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. TOY MARCHE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
  • In the event You have purchased / downloaded the Website from any online application stores, whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates) (collectively referred to as "Store Providers"), and there occurs any failure of the Website and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of Toy Marche and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Website's non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the Website / Toy Marche.
  1. Indemnification and Limitation of Liability
  • You agree to indemnify, defend and hold harmless Toy Marche, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
  • Toy Marche may notify You of any claims which You shall be liable to indemnify Toy Marche against. You will then be required to consult with Toy Marche regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Toy Marche without the express prior written consent of Toy Marche which can be withheld or denied or conditioned by Toy Marche in its sole discretion.
  • Notwithstanding anything to contrary in the Agreement(s), in no event shall Toy Marche, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Toy Marche has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
  1. Terms
  • The Agreement will continue to apply until terminated by either You or Toy Marche as set forth below. If You want to terminate Your agreement with Toy Marche, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Toy Marche has made this option available to You.
  • You agree that Toy Marche may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Toy Marche determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to Toy Marche, for which monetary damages may be inadequate, and You consent to Toy Marche obtaining any injunctive or equitable relief that Toy Marche deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Toy Marche may have at law or in equity.
  • In addition to Clause 12.2 above, Toy Marche may, at any time, with or without notice, terminate these Terms of Use with You if:
    • Toy Marche is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
    • The provision of the Services to You by Toy Marche is, in Toy Marche's opinion, no longer commercially viable;
    • Toy Marche has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
    • In the event Toy Marche faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
    • Toy Marche may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
  • You agree that all terminations shall be made in Toy Marche's sole discretion and that Toy Marche shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
  • Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Toy Marche chooses to terminate them. Toy Marche may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You, except to the extent of refund of monies paid towards the orders cancelled by Toy Marche.
  1. Governing Law and Jurisdiction
  • These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Toy Marche shall be governed in accordance with the laws of India without reference to conflict of laws principles.
  • You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Toy Marche shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
  1. Communications
  • When You use the Website or send emails or other data, information or communication to Toy Marche, You agree and understand that You are communicating with Toy Marche through electronic records and You consent to receive communications via electronic records from Toy Marche periodically and as and when required. Toy Marche will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
  1. General Provisions
  • Notice: All notices with respect to these Terms of Use from Toy Marche will be served to You by email or by general notification on the Website. Any notice provided to Toy Marche pursuant to these Terms of Use should be sent to Grievance Officer at [email protected].
  • Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Toy Marche's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Toy Marche to any third parties without the requirement of seeking Your prior consent. Toy Marche may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Toy Marche shall have right to transfer Your Account and Account Information to a third party who purchases Toy Marche's business as conducted under the Website.
  • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Toy Marche may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
  • Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
  • Principal to Principal Relationship: Nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Toy Marche.
  • Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Toy Marche is, or other third parties in fulfilment of any purchase or sale transaction (for eg: logistics service provider, fulfilment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Toy Marche or its third parties performing such services as sub-contractor to Toy Marche and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Toy Marche shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Toy Marche shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
  • Grievance Officer: In compliance with Consumer Protection Act, 2019 and the rules made thereunder, the Grievance Officer of Toy Marche for the purpose of this Agreement shall be Parul Dhawan with email address: [email protected]. Toy Marche may change the aforesaid details from time to time under intimation to You.
  1. Feedback and Information
  • Any feedback You provide to this Website shall be deemed to be non-confidential. Toy Marche shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Toy Marche is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) To Marche may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Toy Marche for the feedback under any circumstances.
  • To clarify, Toy Marche may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Toy Marche shall not be obliged to do so. Further, in the event that Toy Marche makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Toy Marche, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.
  • Product and Toy Marche shall not in any manner be held liable for the same.