This document is an electronic record in terms of Information Technology Act, 2000 and rules made 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.toysnsmile.com website.

The domain name www.toysnsmile.com (here in after referred to as “Website”) is owned by Toys N Smile, Shop 16, Sector 3 Charkop, kandivali (West), Mubai-400067, India.

These Terms of Use of the website located at the URL www.toysnsmile.com and the guest users or registered users of the Website (here in after referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which Toys N Smile offers You access to the Website and such other services as are incidental and ancillary thereto (“Services”).

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this 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 updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. 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.

Services:

 The Website is an electronic platform to sell or rent Toys to the users(Buyers/Customers)

Eligibility:

The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Toys N Smile system by Toys N Smile for any reason whatsoever. If you are disqualified as per the preceding sentence, you shall not be permitted to avail of the Services or use the Website.

Toys N Smile reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

User Account, Password and Security:

You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

Registered users: Toys N Smile makes certain sections of the services available to you through the website only if you have provided Toys N Smile certain required User information and created an account and a Toys N Smile ID through certain log-in ID and password (“Account”). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (Toys N Smile ID and/or other third party login identification as provided above are individually and collectively referred to the “Account Information”).In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to

(a) Immediately notify Toys N Smile of any unauthorized use of Your Account Information or any other breach of security, and

(b) Ensure that you exit from Your Account at the end of each session. Toys N Smile cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by Toys N Smile or any other user of or visitor to the website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential. You shall ensure that the Account Information provided by you in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Toys N Smile has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Toys N Smile has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users’). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

Depending upon whether you are a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and Toys N Smile may collect certain personal information. Your provision of, and Toys N Smile collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Toys N Smile privacy policy.

Privacy:

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers at some of the best data centers in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at http://toysnsmile.com /privacy-policy.html. If you object to your Information being transferred or used in this way please do not use the Website. Your Consent: By using the Site and/ or by providing Your Information, you consent to the collection and use of the information you disclose on the Site by Toys N Smile in accordance with Toys N Smile Privacy Policy. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable to you.

Payments:

www.toysnsmile.com uses third party payment providers to receive payments from buyers toysnsmile.com is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. toysnsmile.com takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers

Use of the Website:

 “Your Information” is defined as any information you provide to us or other users of the Website (“Users”) in the registration (as Registered User or as Guest User), buying rocess, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.

Your Information :

Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, user agreement and privacy policy, for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

(a).belongs to another person and to which You do not have any right;

(b). 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act,1986;

(c).harm minors in any way;

(d). infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(e).involves the transmission of “junk mail” , “chain letters” or unsolicited mass mailing or “spamming”;

(f).violates any law for the time being in force;

(g). deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(h).impersonate another person;

(i). contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, ester eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(j). 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 any other nation.

(k).Shall not is false, inaccurate or misleading;

(l). shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(m). shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;

Buying:

All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the Toys N Smile.

By purchasing on an item you agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, Toys N Smile on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.

Toys N Smile strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Toys N Smile.

Please note that in the event any inaccurate information is provided by you regarding your identity, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the transaction is closed.

In case of purchase of an Artwork which is marked as “non-exportable” on the Website or it is illegal to export the same, you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

Shipping:

Our products include Toys & Games for all age groups and it may take an overall time of 2-10 days to get delivered depending upon your location and availability of the product at that moment. In some cases, the delivery process can take extra time and you may need to pay some special delivery charges which will be notified in advance.

Buyer Protection at toysnsmile.com:

Toys N Smile endeavors to ensure that the products you buy from our Website are genuine, authentic, products and are sold at the best prices possible. We have not offer any warranties, guarantees for the product.

If Toys N Smile has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Toys N Smile may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.

Toys N Smile reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Toys N Smile may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program. Any people who, knowingly and with intent to injure, defrauds or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Feedback:

We encourage registered buyers on the Website to provide feedback for our products and services after the transaction has been closed; this helps other Users to know the performance level of the Toys N Smile. Please remember that you cannot retract the feedback once you have provided it. Further you agree that the feedback you provide to the Website shall be deemed to be non- confidential and will be displayed along with your user ID. toysnsmile.com will not be responsible for the feedback that you post on the Website and you should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which you shall alone be liable.

No Warranty:

toysnsmile.com and its suppliers, affiliates and service providers provide the Website and services “as is” and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.

Buyer’s arrangement with Issuing Bank:

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Governing Laws and Jurisdiction

These Terms of Use and all transactions entered into on or through the Website and the relationship between you and Toys N Smile 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 Toys N Smile shall be subject to the exclusive jurisdiction of the courts at District Courts, Mumbai (Mharashtra) 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

Toys N Smile 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 Toys N Smile Website.

Sale in India Only

The goods and services on the Website are presented for the motive of sale in India only.

Toys N Smile 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, Toys N Smile is not responsible for these Orders or their Refunds, compliance with their local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction:

This site is controlled and operated by Toys N Smile. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and 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 proprietary rights, and is 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

Toys N Smile is committed to removing infringing products from the Website. To facilitate this, Toys N Smile has put in place a Toys N Smile Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in the interest of Toys N Smile to ensure that infringing products are removed from the Website, as they erode the trust of Buyer and Toys N Smile.

Policy: Toys N Smile 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

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 info@toysnsmile.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 “www.toysnsmile.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: Toys N Smile 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 Toys N Smile without taking the written consent of Toys N Smile which can be denied or conditioned by Toys N Smile at its sole discretion.

In no event shall Toys N Smile, 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 Toys N Smile Website, Content or Services.

Product Description:

Toys N Smile do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Disputes Resolutions:

Generally, transactions are conducted smoothly on toysnsmile.com. However there may be some cases where both the Buyers and we may face issues. At toysnsmile.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and us.

A ‘Dispute’ can be defined as a disagreement between a Buyer and Toys N Smile in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer raises a dispute, He/She should attempt to  contact us to resolve the issue.

How is a ‘dispute’ resolved?

Whenever there is a disagreement relating to any transaction, the users can write to info@toysnsmile.com in order to raise a dispute. we will resolve the matter amicably.

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 Toys N Smile 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 Toys N Smile. If the dispute is settled in favour of the Toys N Smile, Buyer is not entitled to any refund.

Governing Law:

The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between you and Toys N Smile shall be subject to the exclusive jurisdiction of courts at Hyderabad, India.

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