This Policy Document contains all the policies of ToyCart e-Commerce Website for Buyers & Guest Users.
This document is essentially an electronic record in terms of 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.
The domain name “ToyCart.com” (hereinafter referred to as "Website") is owned by Toy Cart Innovations Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at E-52, Phase VIII, Industrial Area, SAS Nagar, Mohali, Punjab (hereinafter referred to as "ToyCart").
The ToyCart Website is a platform for users to utilize for viewing and purchasing Products from ToyCart and interacting with ToyCart. Henceforward:
All commercial/contractual terms are offered by and agreed to between Buyers and ToyCart alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales customer support services related to products and services.
ToyCart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
You release and indemnify ToyCart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, ToyCart cannot take responsibility or control the information provided by other users that is made available on the Website.
You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretense.
Disclaimer: Pricing on any product(s) as is reflected on the Website may be incorrectly reflected due to some technical issue, typographical error or product information published and in such an event ToyCart may cancel such order(s).
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.
Children or Minor: A minor can only use the Website if such use or transaction is made by his/her legal guardian or parent(s) on the Website. ToyCart reserves the right to terminate your use and block your access to the Website if it is brought to the notice of ToyCart by any means or if it is discovered that you are under the age of 18 years.
Any guest user or registered user can access and use the Website and its services. However, guest users cannot access all the sections of the Website and Services.
Registered users: You can access certain sections of ToyCart Website only if you have created an account using the required information and acquired a ToyCart ID through certain log-in ID and password. You can use any third party website credentials to log in to your ToyCart account. These Third Parties include wwww.facebook.com, Google Inc. and its subsidiaries; websites owned by Yahoo Inc. or its subsidiaries, twitter and any other social media website or any other Internet service permitted by ToyCart.
“Account Information” refers to the Toy Card ID and/or any login details for third party website as listed above.
You are solely responsible for maintaining the confidentiality and security of your Account Information and you are fully responsible for any and every activity that occurs under your Account.
By creating an account on the Website to access all its features and services, you agree to:
(i) Immediately notify ToyCart about any unauthorized use of your Account, and
(ii) Log out from your account at the end of each session.
You will be held liable for any losses incurred by ToyCart or any unauthorized use of your Account which might happen as a result of your failure to keep your Account secure and safe.
You must provide accurate, complete and up-to-date information while filling out the Website registration form. If ToyCart has reasonable grounds to suspect that your Account Information is not current, incomplete or untrue, ToyCart has the right to block your Account and refuse any future access of Website and its services.
Guest users: Guest Users are like un-registered users and are provided with a limited access of the Website under “guest users” category. The Guest Users can browse the Website but cannot avail of the services, purchase goods and place Orders. However, Guest Users may not be able to access certain features and services which are reserved only for the registered users. These benefits can be updated from time to time by ToyCart.
If you are a Buyer, or another user who, for certain purpose, needs to access the ToyCart Website and avail of the offered services, you may be required to provide certain personal information. You will be governed by the user obligations.
When you use the Website or send emails or other data, information or communication to ToyCart, you agree and understand that you are communicating with ToyCart by email or by notices on Website or electronic records on the Website or on your mobile phone number which will be deemed adequate service of notice and/or electronic record to the maximum extent permitted under any applicable law and you consent to receive communications via electronic records from ToyCart periodically and as and when required.
Currently we do not charge anything for user registration on this Website or any fee for browsing and buying on the Website. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all Fees/Charges shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to ToyCart Innovations Private Limited.
ToyCart reserves the right to change its Fees/Charges Policy at its sole discretion from time to time. In particular, ToyCart may introduce new services and modify some or all of the existing services and features offered on the Website. In such an event ToyCart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
Subject to compliance with the Agreement(s), ToyCart permits you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited authority to access and use this Website and the Services and features provided therein.
You agree to comply with all constraints on dissemination, use and reproduction of any materials (such as the Product catalogues) that your access on the Website in accordance with details covered under the Policy on Content given below.
You acknowledge not to access or attempt to access the Website or Services or features by any means other than through the interfaces that are provided by ToyCart. 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 part 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 presented on the Website does not adhere to the terms of the Agreement(s) or applicable law, you may report such content in the manner prescribed under Disclaimer Policy.
You acknowledge that you have gained all relevant consents and approvals in order to post any User Content. You further acknowledge that all such User Content will be in accordance with applicable law. You acknowledge that ToyCart does not endorse any User Content on the Website and is not responsible or liable for any User Content. ToyCart reserve the right to disable access to the User Content on the Website.
You hereby grant ToyCart 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 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.
Coupons/Vouchers purchased through the Website should not be commercial purposes and should not be sold to other persons.
You may need to install updates that we or any Third Parties 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 called "Updates"). Your use of these Products or Website you have installed thus requires that you have agreed to receive such automatically requested Updates.
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:
Any purchase of the Products from the Website will be strictly for personal use of the user. The user hereby expressly agrees that any merchandize or services purchased by the user will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The user hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, ToyCart reserves the right to cancel any Orders that classify as 'Bulk Order' as determined by ToyCart as per certain criteria. Any rewards or benefits provided by ToyCart and used by you for placing the 'Bulk Order', will not be refunded. An Order can be classified as 'Bulk Order' if it meets certain criteria adopted by ToyCart for the purpose of identifying 'Bulk Order', including but not limited to:
NOTE: For any institutional/bulk requirements please call our customer care or mail us at Admin@toycart.com
There may be certain Orders that ToyCart is unable to process and must cancel. Some situations that may result in inability of ToyCart to process such Orders may include without limitation, non-availability of the Website service, force majeure, credit limitations or suspected fraud.
In case Buyer purchases multiple Products in one transaction, ToyCart may deliver all such Products together. However, this may not always be possible. If Buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by Buyer at the time of purchase. If Buyer wishes to get delivery of the Products to different addresses, then Buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by you.
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 the manufacturer/Vendor wherever specified. ToyCart is not and shall not be obliged to provide any such additional services.
You represent and warrant that:
(i) You are not located in a country that is subject to the Government embargo, or that has been designated by the Government as a "terrorist supporting" country; and
(ii) You are not listed on any Government list of prohibited or restricted parties.
If ToyCart has suspicion or knowledge, that any of its Users/Buyers is involved in any activity that is intended to file false claims; or any information that is false, misleading or not genuine, then ToyCart, while reserving its rights to initiate civil and/or criminal proceedings against such Buyer, may also at its sole discretion suspend, block, restrict, cancel the Display Name of such Buyer and/or disqualify that user and any related users from availing services through this Website.
ToyCart reserves its right to initiate civil and/or criminal proceedings against a user who files any invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, ToyCart may at its sole discretion suspend, block, restrict, cancel the Display Name (and its related Display Names) of such user and/or disqualify that user and any related users from availing services from this Website.
ToyCart Website has no control over Third Party user generated content such as text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and art work (collectively called the "Content").
You may use information on the products and services purposely made available on the Website for downloading, provided that you
General third party information such as product catalogues, product descriptions, product specifications, lists of dealers, reports on features, technology, entertainment, news, advertisements including text, images, videos, photographs of the products, links to third party websites and other data from external sources is made available on the ToyCart Website is called the "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 on the Website is as is received from the sources believed to be reliable or provided by the Manufacturers/Vendors 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. ToyCart may not own or have the rights and title to any such Third Party Content, nor could ToyCart provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular motive of any Third Party Content. ToyCart shall not be held accountable for any loss suffered by you based on your reliance on or use of any such Third Party Content.
In case, 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. ToyCart makes no warranty or representation regarding this and does not endorse any website linked to the Websites/Services or the information appearing thereon or any of the products or services described thereon.
ToyCart strictly prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to all other areas of the Website that another user may view text within viz. listings, Manufacturers’/Vendors’ pages etc. If any of the title of a product contains offending words, then we allow Manufacturers to 'blur' out the bulk of the profane word with asterisks (like s*** or f***). If you encounter any violations of this policy, please report to the correct area for review:
If you find that any feedback comment; or any communication among the users on the Website or any email or any other electronic communication between users in relation to transactions conducted on the Website contain profanity, please review our feedback removal policy and submit a request for removal or appropriate action to be taken against it. Disciplinary action may result in a formal warning, temporary suspension or the indefinite suspension of a user's account. ToyCart will evaluate the circumstances of an alleged violation of the policy and the user's trading records before taking action. Following are the range of actions that can be taken against the violations of this policy:
Each of the parties hereby irrevocably and unconditionally waives any objection, which any 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 proceeding or action may be enforced in other jurisdictions by any manner provided by law or suit on the judgment. Any and all service of process and any other notice in any such suit, proceeding or action with respect to this Agreement shall be effective against a party, if given, as provided herein.
ToyCart and Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India (RBI) from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and ToyCart Website.
All the Product descriptions and/or any other Product related contents on this Website are as per the specifications, details and content provided by the respective Manufacturers/Vendors for their respective Products and may not be complete, accurate, current, reliable or error-free.
ToyCart does not warrant that Product description or any other content of this Website is complete, accurate, current, reliable, or error-free and assumes no responsibility for it.
The goods and services on the Website are presented for the motive of sale in India only.
ToyCart makes no presentation that these goods and services are available or appropriate for any country other than India.
Those who access the Website or place Orders from Countries other than India, ToyCart is not responsible for these Orders or their Refunds, compliance with their local laws, if and to the extent local laws are applicable.
Ensuring Safe & Secured Shopping Experience
Your online transaction on ToyCart uses the highest level of Transaction Security mechanisms currently available for internet transactions through a leading Payment Gateway using SSL technology to protect your card information being transmitted to your respective Bank for payment processing.
ToyCart processes all Card Payments on secured & trusted Payment Gateways managed by leading banks. These days, banks use ‘3D Secure’ password service for online transactions with an additional layer of security through identity verification.
Secured Storage of Debit/Credit Card partial information
In addition to the Debit Card and Credit Card, ToyCart also accepts payment using Internet Banking (covering majority leading Banks) which also employs Banks’ “3D Secure” password service for online transactions with an additional layer of security through identity verification.
Cash-On-Delivery (COD) option may be available later on for Selected Locations (PIN Codes) and this ensures that you pay on receiving the goods. Extra Charges may be applicable for such Orders only.
ToyCart accepts Master, VISA, American Express, Maestro Credit/Debit Cards issued in India. We don’t accept internationally issued Credit/Debit Cards for Flyte, Wallet & eGV payments/top-ups.
In case you need any other information, please contact us at: 18001373727 Or alternatively, you may also get in touch with us through: Cs@Toycart.com
This Website is owned, operated and controlled by ToyCart. All material on this Website, including images, audio clips, illustrations, and video clips, are protected by copyrights, trademarks, and all other intellectual property rights of ToyCart and its Vendors/Manufacturers.
Material on Website is solely for your personal and non-commercial use. You must not copy, republish, reproduce, upload, transmit, post or distribute such material in any manner, including by email or any other electronic method, whether directly or indirectly and you must not assist any other person to do so.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other intellectual property rights, and is strictly prohibited.
Any use for which you receive any remuneration whether in money or otherwise is a commercial use for the purposes of this clause.
ToyCart is committed to removing infringing products from the Website. To facilitate this, ToyCart has put in place a ToyCart Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in the interest of ToyCart to ensure that infringing products are removed from the Website, as they erode the trust of Buyer and ToyCart.
Policy: ToyCart recognizes third party Intellectual Property Rights and actively supports the protection of all third party Intellectual Property (IP) including Copyrights and Trademarks. It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we acquire proper notification of IP infringement, our reply to such notices will include removing or disabling access to material claimed to be the subject of infringing activity. For a detailed term of use of our website, please visit IPR page.
How to Report a Listing: If you have a good faith and belief that your IP right has been infringed by any of our Vendors/Manufacturers, you may follow the guidelines given below. We require that the Intellectual Property right owner or authorized agent provide the following details and email it to Infringement@toycart.com . The email should contain the following information:
You agree to not settle or compromise any claim or a liability on part of ToyCart without taking the written consent of ToyCart which can be denied or conditioned by ToyCart at its sole discretion.
The Agreement will continue to apply until terminated by either you or ToyCart as set forth below
In case you want to end your agreement with ToyCart, you may do so
By not accessing the Website; or
By closing your Account for all of the services that you use, where ToyCart has made this option available to you.
ToyCart may also terminate or suspend all or a portion of your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, 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 at the sole discretion of ToyCart and that ToyCart 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 ToyCart chooses to terminate them. ToyCart may also cancel all your non-fulfilled orders on the Website without any obligation or liability towards you.
Any feedback you provide to ToyCart Website shall be deemed to be non-confidential. ToyCart shall use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that:
(i) ToyCart is not under any obligation of confidentiality, express or implied, with respect to the feedback;
(ii) Your feedback does not contain confidential or proprietary information of you or of any of the Third Parties;
(iii) ToyCart 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 ToyCart for the feedback under any circumstances.
To clarify, ToyCart may at its discretion, make any modifications or changes to the Website, its Content and/or its Services on the basis of such feedback. However, ToyCart shall not be obliged to do so. Further, in the event that ToyCart makes any changes or modifications to the Website, its Content and/or its 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 and/or its Content and/or its Services.
You expressly waive any and all rights in such changes or modifications to the Website, its Content and/or its Services, and assign to ToyCart, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, its Content and/or its Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in law of any jurisdiction, in relation to any such changes or modifications to the Website, its Content and/or its Services.
ToyCart does not regulate private communications like email correspondence. We encourage all the users of ToyCart Website to be respectful, professional and courteous while communicating through email or any other electronic method. However, ToyCart reserves all the rights to take necessary action against certain types of unwanted emails that violate ToyCart policies. These emails include:
Other Businesses: ToyCart does not hold any liability or responsibility for the actions, content, products, and services presented on the Website, which are linked to Affiliates and/or third party websites using Website's APIs or otherwise. In addition, there may be some links on the Website to the third party websites or affiliated companies and ToyCart holds no responsibility for the authentication and correctness of the services and products represented by these companies. Furthermore, ToyCart assumes no responsibility to evaluate, endorse or warrant the offerings or content of any of these businesses or individuals.
Almost all the transactions are completed smoothly on ToyCart. However, there may be some instances where both the Buyers may face some challenges. ToyCart has a Dispute Resolution policy in order to resolve such disputes between the Buyers and ToyCart.
A 'Dispute' can be defined as a disagreement between a Buyer and Seller regarding a transaction on the Website. Disputes arise out of an issue, which is raised by either party (the ToyCart or the buyer) not being completely satisfied with the resolution of their complaint/issue. However, it is important that the Buyer/ToyCart should attempt to solve the issue before raising a dispute. Whenever there is a disagreement, the Buyer can write to email@example.com, in case of a dispute.
Some of the instances where a dispute can arise include:
In case a Buyer raises a dispute, then ToyCart will try to resolve the dispute. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to ToyCart. If the dispute is settled in favour of the ToyCart, Buyer is not entitled to any refund.