Terms & Conditions for Use of Website

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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of www.ToyCart.com Website.

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 use of the Website and the offered services and features by you are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including all the applicable policies which are incorporated herein by way of reference. If you use this Website and/or make transactions on the Website, you shall be subject to the policies that are applicable to the Website for all such transactions. By mere use of the Website, you shall be contracting with Toy Cart Innovations Private Limited and these terms and conditions, including the policies, constitute your binding obligations with ToyCart.

For the purpose of these Terms of Use, the term "we", "us", "our" shall mean Toy Cart Innovations Private Limited, while the term "you" or "user", wherever it so requires in the context, shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems or any such device or devices like Smart Phone or Tab or hand held computer that connect to this Website and facilitate access to the Website and allow to make Transactions on this Website. ToyCart also allows the Guest Users to surf the Website but for placing an Order, the user is required to register on the website.

When you use any of the services provided by us through the Website, including but not limited to, (e.g. Product Reviews, Third Party Reviews etc.), you will be subject to the terms and conditions, rules, guidelines and policies, applicable to all such services, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for any updates and changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by ToyCart Policies, including but not limited to the Privacy Policy as amended from time to time.

Services: Platform for Transactions & Communications

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).

Eligibility of Use for Registered or Guest Users

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.

User Account, Password & Security

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.

The policies and rules for collection, use, storage, disclosure and otherwise dealing with such information are listed in the privacy policy of ToyCart.

Communications

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.

Fees/Charges

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.

User Obligations

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 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 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.

The Website may authorize the Registered Users to post certain content, data or information of your own such as you to rate Products, Manufacturers, 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 ToyCart using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, you are responsible for the User Content that you upload, post, publish, transmit or otherwise present on the Website. ToyCart does not pre-screen User Content. ToyCart has no obligation to monitor any User Content. However, ToyCart 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 ToyCart determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. This removal will be informed to the user through reasonable efforts. Such actions do not negate in any manner or dilute the position of ToyCart or impose any liability on ToyCart with respect to User Content.

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 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.

Further, ToyCart does not guarantee, warranty or provide any assurance on the behavior of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or ToyCart) will complete any transaction or act in a prudent manner. You agree that you are solely liable and responsible to ToyCart 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 ToyCart or its affiliates or its vendors may suffer) for any such breach.

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:

  • harms minors in any way;
  • belongs to another person and to which the User does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  • 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;
  • 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 ToyCart or other third parties;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • 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 ToyCart server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
  • 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;
  • 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 ToyCart, including any ToyCart 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;
  • 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 applicable laws or regulations for the time being in force within or outside India;
  • Violate the terms of the Agreement;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.

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:

  • Invalid address given in Order details;
  • Any malpractice used to place the Order;
  • Products ordered for commercial resale and not for self-consumption;
  • Bulk quantity of the same product ordered; or
  • Multiple Orders placed for same product at the same address.

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.

Content on the 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").

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, any other Website or other medium for publication or distribution or for any commercial enterprise, without express prior written permission and consent of ToyCart.

You may use information on the products and services purposely made available on the Website for downloading, provided that you

  • Do not remove any proprietary notice language in all copies of such documents,
  • Use such information only for your personal, non-commercial informational purpose,
  • Do not copy or post such information on any networked computer or broadcast it in any media,
  • Make no modifications to any such information, and
  • Do not make any additional representations or warranties relating to such documents.

We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any part of it or any of its components or elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide.

Third Party Content

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.

Profanity Policy

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:

  • Report offensive Display Names
  • Report offensive language in a listing or otherwise

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:

  • Limits placed on account privileges;
  • Loss of special status;
  • Account suspension.
Governing Laws and Jurisdiction

These Terms of Use and all transactions entered into on or through the Website and the relationship between you and ToyCart shall be governed in accordance with the laws of India, without reference to conflict of laws principles.

You agree that all claims, disputes and differences arising under or in relation hereto the Website, the Agreement(s), Terms of Use, or any transactions entered into on or through the Website or the relationship between you and ToyCart shall be subject to the exclusive jurisdiction of the courts at District Courts, Mohali (Punjab) India and you hereby accede to accept the jurisdiction of such courts.

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.

Compliance with Laws

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.

Product Description

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.

Sale in India Only

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.

Security Policy

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.

Our Contact
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

IndemnityYou shall indemnify, defend and hold harmless ToyCart, its directors/owners, licensees, subsidiaries, affiliates, and their respective directors, officers, employees, agents and contractors from any and all claims, losses, suits, liabilities, proceedings, penalties, damages, demands, or actions including reasonable attorneys’ fees, incurred by any third party that arise out of: (i) Your breach of this Terms of Use, Privacy Policy and other Policies; or (ii) Your violation of any rules or rights of a third party (including any intellectual property rights).

Trademark, Copyright and Restriction

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.

Infringement Policy

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:

  • Your postal address, contact number and active email-Id.
  • A statement by you that you have a good faith and belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
  • A statement by you, that the information in your notice is accurate and that you are the copyright owner or intellectual property owner or authorized person to act on behalf of the copyright owner or intellectual property owner.
  • Identification or description of the copyrighted-work/trademark that has been infringed.
  • Clear identification or description of where the material, that you claim is infringing, is located on our Website “ToyCart.com” with adequate particulars. In case of copyright infringement of any product, Product-ID and/or Website links of infringing products should be included. In case of Trademark infringement, the Brand Name must be mentioned. (Note: ToyCart is unable to process requests which do not specify exact product IDs or URLs. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time).
  • For detail of the intellectual property being infringed, please provide copyrighted images or trademark certificates as attachments.
Limitation of Liability

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.

In no event shall ToyCart, its subsidiaries or affiliates or their respective employees, partners, directors, officers or suppliers be liable for any incidental, special, indirect, consequential or exemplary damage in connection with Terms of Use (even if you are advised about any such damage in advance). These damages may also include loss of data or profits, breach of warranty, any negligence or any other action that may arise due to your use of ToyCart Website, Content or Services.

Termination of use

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.

You agree that ToyCart may, without prior notice and at its sole discretion, terminate and block your future access to the Website, if ToyCart determines that you have violated the Terms of Use or any other Agreement(s). You also agree that any violation by you of the Agreement(s) might cause irreversible damage to ToyCart, for which monetary losses may be inadequate, and you give your consent to ToyCart for obtaining any equitable relief that ToyCart deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ToyCart may have at law or in equity.

Moreover, ToyCart may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with you if:

  • ToyCart 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 ToyCart is, in the opinion of ToyCart, no longer commercially viable;
  • ToyCart opts to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
  • In the event ToyCart faces any unexpected technical issues or problems that prevent the Website and/or Services from working.

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.

Feedback and Information

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.

Email Abuse & Threat Policy

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:

  • Misuse of ToyCart Website: ToyCart permits Users to facilitate transactions through the ToyCart Website. However ToyCart holds all rights to investigate in case of any misuse of this service.
  • Threats of Bodily Harm: ToyCart does not authorize its users to send explicit threats of bodily harm to anyone. The necessary actions that can be taken against such threats include:
    i. Limits on account privileges
    ii. Loss of special status
    iii. Cancellation of Listings
    iv. Temporary/Permanent Account suspension
  • Spam (Unsolicited Commercial email): Spam policy of ToyCart prohibits any unsolicited commercial messages sent by ToyCart Users. ToyCart users are not permitted to send spam messages to any other user.
  • Spoof (Fake) email: ToyCart will never ask you to provide sensitive information through email or any other electronic method. In case you receive any spoof (fake) email asking for your sensitive information, please immediately report it to ToyCart through the ‘Contact us’.
  • Offers to Buy or Sell outside of ToyCart: ToyCart strictly prohibits any email communications that offer to buy or sell listed products outside of the ToyCart Website. ToyCart and Buyers are both at risk of a potential fraud with such offers.

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.

Disputes & Resolutions Policy

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 grievance.officer@toycart.com, in case of a dispute.

Some of the instances where a dispute can arise include:

  • Wrong Item received
  • Item Received Not as per the Product Description
  • Damaged or Seal broken on Product
  • Description/Specification is Wrong
  • Part/Accessory missing
  • Defective: Functional issues with the Product
  • Item not Compatible
  • Product not working and Manufacturer claims invalid Invoice.

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.