Terms of use

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.

Note: Please be informed that ToyUp will never contact you for cash prizes or deposit money for a photoshoot or franchise or distributorship or request a password, PIN or CVV etc. Please refrain from sharing such sensitive information with anyone, as it could lead to fraudulent transactions. Further, please be vigilant against fraudulent sites, social media pages, fake offers, SMS, email, WhatsApp messages, or any other suspicious communication claiming to be from ToyUp. In case of any query or to report any suspicious activity which you may come across, kindly visit our Contact Us section.

Content

General Information
Account and Registration
Pricing, Promotions & Coupon Codes
Third Party Offers
Transactions & Cancellation
Guidelines for Writing Product Reviews
User Conduct
Other Terms
ToyUp Account Deletion
Grievance Functionary

General Information

The domain name www.toyup.com is registered in the name of (PARENT/HOLDING COMPANY NAME) a company incorporated under the Companies Act, 1956 (Hereinafter referred to as ToyUp).
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By using the Website, these terms and conditions constitute your binding obligations with (SHORT FORM OF COMPANY).
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The term “we”, “us”, “our” shall mean ToyUp or (SHORT NAME) or toyup.com or all.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
All products/services and information displayed on ToyUp.com constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. ToyUp.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of ToyUp.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. You may use this site only if your age is over 18 years.
ToyUp.com reserves the right to terminate your membership and refuse to provide you with access to the Site if ToyUp.com discovers that you are under the age of 18 years. In case of a business entity, you represent that you have the necessary authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. ToyUp.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. ToyUp.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Unless otherwise stated as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of ToyUp.com you agree to be bound by the Terms and Conditions.

Modifications

ToyUp.com reserves the right at all times to discontinue or modify the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the site after such modifications would be deemed to constitute acceptance of the modified terms by the End User.

2. Account and Registration

It is the user’s responsibility to keep the details of the account and password confidential and you agree to accept responsibility for all activities that occur under Your Account or Password. ToyUp.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately. If ToyUp.com has reason to believe that there is likely to be a breach of security or misuse of the ToyUp.com Site, we may require you to change your password or we may suspend your account without any liability to ToyUp.com.

You also agree to:

Provide true, accurate, current and complete information about yourself as prompted by ToyUp website during the registration process (such information being the “Registration Data”)
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if ToyUp.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, ToyUp.com will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Customers registered through international phone numbers can not avail Club benefits at the ToyUp.com Stores.
Customers registered through international phone numbers can get only an Online discount i.e at the website or app
Any changes in the offer and discount policy will be solely the company’s decision & the company has the right to modify/remove/put it on hold anytime as it deems fit.

3. Pricing, Promotions & Coupon Codes

Pricing Information

While ToyUp.com shall endeavour to provide accurate product and pricing information, yet typographical errors might occur. ToyUp.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, ToyUp.com shall have the right, at its sole discretion, to refuse or cancel orders at any stage prior to delivery. In case, any kind of fraudulent activity is detected, ToyUp.com can recover its dues, if any, from Userâ€™s successive orders. In the event that an item is mis-priced, ToyUp.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and ToyUp.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that ToyUp.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to ToyUp.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
Prices of the products at the ToyUp store and on ToyUp.com (site and Apps) may differ

Applicability of GST

All discount coupons and/or cash back offers includes an applicable component of GST benefits being passed on to customers.
Following rules will govern whether or not GST will be applicable on the products purchased on discount by you

1. Quantum of GST to be borne over and above the discounted price depends upon category to category and the prevailing discount on those products.
2. GST applicability:
3. Discount less than 19%

In case of product having discount of less than 19%, full applicable GST shall be borne by the Company.

- Discount 19% and above
  1. 1. In case of product having GST of 5% or 12%, GST shall be paid by the Customer over and above the discounted price.
    2. In case of product having GST 18% and above, 50% of the applicable GST shall be charged from the Customer over and above discounted price.
    3. Applicable GST collected on the discounted price is duly deposited with the respective GST Authorities having jurisdiction or adjusted as per the applicable GST Act and Rules
    4. Price after discount in no way should be treated as the revised MRP. Discount % shown on MRP is only for the purpose of calculation of Discount amount and GST is charged as per the explanation given above.

1. For the purpose of invoicing on the Website, Discounts shall include Coupons, Cashbacks, Cart offers, Promotional offers or any other offer which results into reduction in the regular MRP.
2. For any discounted product, the GST charged will be displayed in the Cart.
3. In case a Customer avails discount through Coupons, GST, if any, on a transaction will be applicable only upon confirmation of the Coupon and the GST amount will be visible directly on the checkout page.
4. The amount of taxes shown at the cart level is a mere estimate. The actual GST rate may vary depending upon the SGST prescribed by the respective state.
5. For the instant discount third party offers if the total order discount is at 19% and above post applying the third party offer discount, additional GST will not be paid by the customer.

GST Benefits

All Discount coupons and/or cash back offers includes an applicable component of GST benefits being passed on to customers.

Promotion Offers

In the case of returned or undelivered orders, whether in part or in full, the user will not be eligible to avail the offer that was used to purchase the original order. The refund provided will not include the benefits of the offer. If the returned product(s) were part of a free offer, such as “Buy 2 get 1 free” or “Buy 1 get 1 free,” all products related to the offer must be returned as they were purchased as part of a group offer. The refund/replacement process will only be initiated once all the products from the offer have been returned.
Occasionally, we may include a free sample or gift with our orders that are eligible for the offer. Please note that these samples/gifts are not eligible for return, replacement, or refund under any circumstances.

1. Free Gifts are subject to meeting the offer criteria after applying any coupons and before GST.
2. All Offers related to Free Gifts are available until stocks last.

Coupon Codes & Cart Offers

To offer special discounts to our users from time to time, we share coupon codes based discounts. To prevent any possible misuses we have put in place a few checks on the ways in which these coupon codes can be used.
To make the best use of the coupon code offers, please go through the following terms and conditions applicable on all coupon codes

1. Coupon Codes & Cart Offers based offer will be valid upon application of the coupon code at the time of placing order.
2. Coupon Codes & Cart Offers will be valid till the date communicated or till stocks last on the applicable products, whichever happens earlier.
3. Coupon Codes & Cart Offers will not be valid on some products/brands unless otherwise mentioned.
4. A Coupon Codes & Cart Offers can be used only once per user per household unless otherwise mentioned.
5. A Coupon Codes & Cart Offers cannot be clubbed with any other coupon code or with any other offer including offers running on the site without using coupons.
6. A coupon will provide the stated discount of the coupon code or the discount already stated on the product whichever is higher unless otherwise mentioned.
7. Coupon codes shared individually with a user will be applicable on purchase made by that particular user only.
8. The website reserves the right to change the terms and conditions of any coupon code any time without prior intimation.
9. Shipping / Cash on delivery rules and charges apply on the net amount payable upon application of the coupon code unless otherwise mentioned.
10. Cashback coupons are valid for next purchase as per the conditions mentioned with the Cashback offer.
11. The Cash Coupons added to an account can be changed/updated at any point of time by (COMPANY’S FULL NAME) without any prior intimation. These changes could be made from time to time even before the valid expiry date of the existing Cash Coupons.
12. Redemption of any Offers, Coupon code, cashback code, gift certificate shall be subject to applicability at the ToyUp.com stores. In order to ensure applicability of any offer at the ToyUp.com store, the Customer shall furnish the offer/code details with the store personnel before making the purchase at the store.
13. Offer valid only on the listed Sizes & Colours of the products featured on the page.

Cashback Offers

Cashback Offers are run from time to time to award users for their purchase from ToyUp.com. The terms and conditions applicable with these Cashback offers are as below.
The Cashback amount, the purchase conditions and the product range on which the Cashback offer is valid will be as specified along with the Cashback offer.
The Cashback amount will be received by the user as a coupon through a Cashback email. The Cashback coupon would be received by you up to 10 days after the delivery of the order. Eg: If your order has been delivered on 3rd September, you would be receiving the Cashback coupon on mail latest by 13th September.
Cashback will not be earned on purchases from the categories Bottles & Accessories, Formula & Supplements or on purchasing any of the Guaranteed Savings Offer codes. They will only be earned on the products mentioned in the cashback promotions.
Cashback will not be provided for any product(s) which have either not been delivered to you or which has been returned by you. In the event of any replacement provided to you, the replacement product value will not be added to the cashback calculations available to you to redeem on site.
Redemption of the Cashback coupon will not be applicable on some products/brands unless otherwise mentioned.
The maximum Cashback given out is Rs. 250 and is applicable on the MRP of the product, unless mentioned otherwise
The Cashback coupon can be used till the date of validity as specified in the Cashback email
The company reserves the right to change the terms and conditions of the Cashback offers without prior intimation
The Cashback is not applicable on cancelled orders

Gift Certificate

The terms and conditions applicable for Gift Certficate are as below
Gift certificate Delivered via email.
The Gift Certificate can be used against your purchase on ToyUp.com.
Customers must open a free account at ToyUp.com to redeem his or her gift certificate.
Every gift certificate has a unique code. To redeem the gift certificate, enter this code in your shopping cart.
Multiple Gift Certificates can not be be applied to a single order.
Both a gift certificate and credit card may be used to pay for your order. If both are used, we will charge the gift card first and the remaining balance will be charged to your credit card.
Unused gift certificates may not be redeemed for cash.
Gift certificates are not replaceable if lost or stolen.
Gift certificates value can be redeemed in multiple purchases.
Gift certificates may only be redeemed for orders shipped in India.
Gift certificates may only be redeemed through Recipient’s Email Address
Gift Certificate cannot be purchased through Cheque/Cash on Delivery/Club Cash

Gift Wrapping

Gift wrap option is available only on selected products. You can choose to gift wrap the selected products in your order by selecting “ADD GIFT WRAP@ Rs. 30” in “CheckOut Cart” tab at the time of checkout. The gift wrap will also include a personalized message.
The external Gift Packaging will not include any pricing, discount or payment information. However, the original product tag with the MRP will be intact on the products inside the package.
Discounts and Coupons are not applicable on the gift wrap charge.
Please note that in case you return your order, the gift wrap charges will not be credited back.

4. Third Party Offers

Instructions for Wallet Cashbacks.

(COMPANY’S FULL NAME) holds the right to not accept refund of transactions where the refund value is less than the Cashback value issued by any wallet. For example user X did a transaction for Rs 500 and got a Cashback from wallet for Rs 200, now user wants to return one part of the product costing Rs 160. In this case refund value is less than the cashback issued to the customer and refund will not be accepted.User X, will either be given a Gift Voucher or Cash Refund of the same amount which can be used on site with the next purchase.
We accept Paytm, MobiKwik etc wallets for online transactions.You can also redeem exciting deals and cash backs which would be mentioned above. These offers are subject to change and we request you to check this space before making the purchase.

5. Transactions & Cancellations

Minimum Order Value

To place an order on ToyUp.com the minimum order value has to be more than Rs. 99 (Excluding COD charges, Shipping charges, or value reduced after application of coupons or any other offer)

Credit Card Details

You hereby agree, understand and confirm that the credit card details provided by you for availing of services on website will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. The card details will not be utilised and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove it otherwise’ shall be exclusively on you.
Fraudulent /Declined Transactions
In case of fraudulent use of the site, we reserve the right to recover the cost of goods, collection charges and lawyers fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Cancellations by the Customer

In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders.

Cancellation by ToyUp.com

Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also ask for additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be add to the “Cash Refund” section of your ToyUp account. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

Payment

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your “Bank/s”,
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.

All payments made against the purchases/services on ToyUp.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. ToyUp.com does not accept any other form of currency with respect to the purchases.
Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

6. Guidelines for Writing Product Reviews

Who can write a Product Review and Rate Product on ToyUp.com?
Product Review and Rating can be given only by verified buyers of a product. Verified Buyers of a product are those buyers who have purchased the product and the product is delivered to the buyer.
Are there any specific rules that need to be followed while writing a review?
No, there are no specific rules which need to be followed while writing a review. However, we have put together some guidelines which can be followed while writing a product review –

Be Precise and Specific

While writing a product review, you should keep in mind the fact that other ToyUp users might use your review to form a judgment, whether to select the product or not. Therefore, a precise, specific & unbiased product review plays a critical part and would always help a customer make a better choice about which product to buy.

Don’t keep any loose ends

Always keep all the details provided well settled and explained. Incomplete or inaccurate information will not help any customer other than confusing them about the product.

Spell what is required

A good review should serve the most basic purpose i.e. what you liked/disliked about the product and why with the exact details.

Remove distractions from review

Before submitting the review for moderation, it is wise to spell check and proofread your review accurately.

What needs to be avoided while writing a review?

ToyUp reserves the right to not include the product review that includes any one or more of the following –

1. Inappropriate content – like promotional information or phone numbers.
2. Information not related to the product – Shipment/Delivery Experience, availability, ordering, etc.
3. Inaccuracies in product information & product catalogue.
4. References – to other retailers, pricing, personal information, etc.
5. Copying and pasting text from other reviews, guides, or sources.
6. Comments on other reviews posted on the product page.
7. Foreign language content.
8. Off-topic information or obscene content.
9. Irrelevant user IDs or email IDs used for posting reviews.

What are the allowed characters while writing a review?
Following are the allowed characters while writing a review. Please follow the list while entering the review title and review text.

1. A to Z in lowercase and uppercase.
2. Numerals from 0 to 9.
3. Special characters ~`!@#$%^&*()_+=-{}][:”’;?/>. < ,

7. User Conduct

You Agree and Confirm

1. That you will use the services provided by ToyUp.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
2. You will provide true, accurate, complete and current information in all instances where such information is requested of you. ToyUp.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), ToyUp.com has the right in its sole discretion to reject the registration and debar you from using the Services of ToyUp.com and / or other affiliated websites without prior intimation whatsoever.
3. To compensate ToyUp.com for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).
4. That you using your best and prudent judgment before entering into any transaction through this Site doing so at your sole risk.
5. After placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Site for any of the following purposes:

1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence.
3. Gaining unauthorised access to other computer systems.
4. Interfering with any other person’s use or enjoyment of the Site.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Design details and Colours.

We have made every effort to capture high resolution images of our products so that you get a feel of the design details and colours of our products that appear on the Site as accurately as possible. However, what you actually see will depend on your monitor; we cannot guarantee that your monitor’s display of any colour or other details will be accurate.

Electronic Communications

When you visit the ToyUp Site or ToyUp Store or send emails to us, you are communicating with us electronically. You hereby provide your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification of Terms & Conditions of Service

ToyUp.com reserves the right to make changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) at our sole discretion and you may not be notified. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. You have accepted the Agreement as amended if you continue to use any of ToyUp.com’s Services after any amendments are posted on our Website.

Third Party Links

This Program may include hyperlinks to third party content or images. You acknowledge and agree that Program shall not be responsible for and does not endorse any advertising, products or resource available from such resources or websites. The intellectual property rights in the said third party images/content does not belong to this Program. These links are provided for your information and convenience only and are not an endorsement by Program of the content of such linked websites or third parties. This Program has no control over the contents of any linked website and is not responsible for these websites or their content or availability. Thus, we shall not be responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, products or services provided at or from a third party resource. We recommend these resources on an ‘as is’ basis. When you use a third party resource, you will be subject to their terms and licenses and no longer be protected by our privacy policy or security practices, which may differ from the third policy or practices or other terms. You should familiarize yourself with any license or use terms of, and the privacy policy and security practices of, the third party resource, which will govern your use of that resource.

Collection, Storage and Sharing of Personal Data

We shall provide you with the facility to store your data in your account through the Program (the “Data Storage Services”). The data stored through the Program may include registration data, any other the information uploaded by you, history of your activities on the Program, your and/ or your childâ€™s diet and health records (the “Data”).
The Data shall be provided and stored on as-is basis which is at your sole risk and responsibility, and we do not validate the said information. We have the right to access the Data for any purpose whatsoever including for operational and technical purposes. The treatment of the Data by the Company shall be as provided under the Privacy policy.
We make no representation and are not responsible for accuracy or completeness of the Data under the Data Storage Services. Further, we shall not be liable for any content, fact, data, diagnosis or the language used in the Data. It is clarified that you shall be solely responsible and liable for the Data.
By subscribing to this Program, you agree, accept and allow us to share and transfer your personal information with any third party solely for the purpose of this Program. You agree and allow us to save your personal information as long as it will be required under this Program.

Payment and Billing

We reserve a right to amend and modify the terms of the Fees, payment and billing without any prior intimation to you in our sole discretion.
We maintain a standard payment method and you agree to accept it at the time of making the payment. Furthermore, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges).
Your Paid Service may be suspended or cancelled if the payment method is either not verified, or is invalid or is otherwise not acceptable by you.
If you accept a promotional offer or make changes to your Paid Services, the amount billed may vary.
In the event of any dispute pertaining to the paments made by you, we shall pass it to the payment gateway provider shall for resolution and we shall not be liable for any such dispute.

Offers and Promotions

All promotions offered on the Platform for the Company Services are for limited period and subject to special terms and conditions which may be notified with such offer/promotion, which are and shall be in addition to the terms stated herein.

Representations and Warranties Disclaimer

We clearly represent that the Services rendered to you are personal in nature and shall be solely based on the information provided to us and shall not be used by anyone else.
We represent that any contents including texts, pictures, recipes, opinions, provided on the Website is posted by the third parties and we shall not be liable for any dispute including but not limited to infringement, misrepresentations, deficiency in services, unfair trade practices.
We make no representation that the operation of the Program will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors. To the full extent permissible by applicable law, we do not warrant that the Program, its servers, or email sent from us are free of viruses or other harmful components.
We represent that we have the right to modify, develop, maintain, update or assign the rights of the Program in our sole discretion.
We shall not be responsible or liable for any breach or loss of data including personal information caused due to events beyond our control due to technical reasons or third-party actions.
The disclaimers, waivers, releases, limitations and exclusions under these terms will apply regardless of whether the cause of action or the liability arises in laws, contract, tort or otherwise.

Disclaimers

THE PROGRAM AND SERVICES, ARE PROVIDED “AS-IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING OR ANY OTHER TERMS OR AGREEMENTS YOU HAVE WITH US, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.Â We make no warranty that the Program and the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
WE CANNOT BE HELD LIABLE FOR ANY DEFICIENCY IN SERVICES AS OUR SERVICES ARE PROVIDED SOLELY ON THE DATA AND INFORMATION RECEIVED FROM YOU AND SUCH MIGHT CHANGE WITH THE GROWING AGE OF THE CHILDREN.

Feedback

By using this Program, you agree that any information shared by you with us will be subject to our Privacy Policy. All feedback, ratings, reviews (“Feedback”) created by you on the Website relating to the Services provided shall be your sole responsibility. As a platform, we do not take responsibility or liability for Feedback and its role with respect to Feedback is restricted to that of an “intermediary” under the Information Technology Act, 2000. Our role, legal rights and obligations and your publication of the Feedback shall be governed by the terms of “Prohibitions” Clause.
You agree that we may contact you through [telephone, email, SMS, or any other electronic means of communication]for the purpose of obtaining feedback in relation to Program, Services and/or to resolve any complaints, information, or queries regarding your Feedback.

8. Other Terms

Reviews, Feedback, Submissions

All discussions , ratings, comments, bulletin board service, chat rooms, Parenting service and/or other message or communication facilities means Material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. End User acknowledges that any Material posted on the Website is public and not private communication.ToyUp.com does not control or endorse the content, messages or information found in any Material, and, therefore, ToyUp.com specifically disclaims any liability concerning the Material and any actions resulting from End Users participation in any Material, including any objectionable content. Generally, any communication which End User posts to ToyUp.com (whether in Parenting, chat rooms, discussion groups, message boards, or otherwise) is considered to be non-confidential and you grant to ToyUp.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ToyUp.com the right to sub-license these rights, and the right to bring an action for infringement of these rights. If particular web pages permit the submission of communications that will be treated by ToyUp.com as confidential, that fact will be stated on those pages. Notwithstanding ToyUp.com’s rights under these terms and conditions in relation to user content, ToyUp.com does not undertake to monitor and is not responsible of the submission of such content to, or the publication of such content on, this website.

Copyright & Trademark

Everything located on or in this Site, including the Microsites, is our exclusive property and can be used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION OF ToyUp.com IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Site and Microsites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of website protected by copyright. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without our express permission of ToyUp.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with ToyUp.com shall not be deemed to be in the public domain but rather the exclusive property of owners, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of ToyUp.com, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants us the right to edit, copy, publish and distribute any material made available on this Site by End User. We hereby reserves the right to terminate its agreement with any End User who repeatedly infringes on copyright rights upon notification to us by the copyright owner.
The foregoing provisions of this clause apply equally to and are for the benefit of ToyUp.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Indemnity

You agree to defend, indemnify and hold harmless ToyUP, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to terminate any passwords or accounts of End User in the event of any conduct by End User which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by End User of this Agreement. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers

The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while we try to ensure that material included on the website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of ToyUp.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. ToyUp, their associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. You accept that, as a limited liability entity, ToyUp.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ToyUp.com officers or employees in respect of any losses you suffer in connection with the website.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ToyUp.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from ToyUp.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Suspicious Communication through phone calls, e- mails or messages
ToyUp does not run any contests that require you to pay to participate by paying through a link which is not connected to our Website or App or by giving your bank details for any lottery or cash transaction. Please do not believe any communication using ToyUp logo and branding requesting you to pay money in exchange for any gifts or prizes. Such fake communication could look like real emails from ToyUp and could direct you to a false website that looks like the ToyUp Website . Please do not provide your account information and password or any sensitive information as it could be used to commit fraud.
Do not open any attachments or click any links from suspicious emails or text messages.
Further, ToyUp will never e- mail or call you to disclose or verify your password, credit card or bank-account number, CVV, or any other personal information. If you get any such calls from a caller stating to be from ToyUp, please be alert when responding to such calls and never reveal sensitive information or details that can identify you. If you have ever responded to a suspicious call, e- mail or message and provided any personal or sensitive information, we urge you to immediately update your ToyUp password immediately and report such calls to the nearest police station. If you have provided financial information, you may want to contact your bank or credit card provider.
Note: Should you have any doubts regarding such suspicious communication, Contact us so we can help you. Always use customer care numbers displayed on our Website and do not access unknown links or websites for our customer care details.

MISCELLANEOUS

Force Majeure: Without prejudice to any other provision herein, we will not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the our control, including, without limitation, acts of the End User, embargo or other governmental act, regulation or request affecting the conduct of ToyUp.com ‘s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
Entire Ageement: This Agreement and any operating rules for the Website established by ToyUp.com constitute the entire agreement of the parties with respect to the subject matter hereof.
Waiver: No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Headings: The section headings used herein are for convenience only and shall be of no legal force or effect.
Severability: If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
Governing Law: This Agreement will be governed by laws of India, subject to the Courts in Pune, without reference to conflict of laws principles, if any.
Payment Decline: We as a merchant 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 the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

9. ToyUp Account Deletion

In the event of account deletion through an iOS device, the subscriptions will be deactivated or deleted along with the account. The subscriptions will not be eligible for return/replacement/refund under any circumstances.
The User will lose access to all information related to such account, including but not limited to, your profile photo & info, reviews, shortlist, Q&A, orders, returns, warranty, bank transfer, Saved credit cards, Addresses, Cash refund, gift certificates, badges, ranks, vouchers, prizes, and Data shared on parenting platform like profile(s), memories (photos/videos) uploaded, questions asked or answered, your child’s birth and growth details, charts, and trackers created, quiz/contest entries, etc.
User wallet credits and Gift certificate balance will be removed. The user won’t be able to use them once the account is deactivated / deleted. It is advisable to user to transfer the wallet amount using this link -Refund amount back to me to their bank account before proceeding with deletion of their account on the ToyUp platform.
Once the user has deleted their account from ToyUp & wish to register again –The user will be treated as a new customer with no historical data from the previous account.
ToyUp reserves the right to retain relevant data for compliance purposes or to satisfy legal obligations including but not limited to order history, transaction details, delivery invoice, etc.

10. Grievance Functionary

Please go to Contact us to raise/report issues around order, delivery, return, refund etc.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
(Name of Executive/Owner)
ToyUp (FULL NAME)
308, Dev Arc B/S Republic Cinema, S.G. Highway Square, Satellite, Ahmedabad
Email: sales@softyoi.com
Phone: +91 7359775146
CATEGORIES
(PLEASE MENTION PRODUCT CATEGORIES HERE LIKE TOYS,ETC.)