Terms and Conditions
1. Introduction
1.1 These Terms and Conditions, in conjunction with our Privacy Policy, Fee and Payment Policy, Delivery Policy, and Return and Refund Policy, collectively form a legally binding agreement between you and JovialToys
1.2 These Terms and Conditions govern your access and use of (i) JovialToys's website at www.jovialtoys.com, (ii) JovialToys's online toy and merchandise store that allows you to purchase products sold by JovialToys (referred to as "Products") through the Platforms, and (iii) any other services provided by JovialToys from time to time (collectively referred to as "Services").
1.3 By accessing, browsing, purchasing Products, or using the Services in any manner, you acknowledge and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using our Platforms and Services. These Terms and Conditions are accepted without modification, and your use of the Services constitutes your acceptance of these terms.
2. Eligibility and Acceptance
2.1 You must be 18 years of age or older to register, visit, or use our Services in any capacity. By registering, visiting, or using the Services, you represent and warrant to JovialToys that you are at least 18 years old and possess the necessary legal authority to use the Services and agree to these Terms and Conditions. If you are under 18 years of age, it is assumed that you are using our Platforms under the supervision of your parent or legal guardian, and that such parent or legal guardian has read and agrees to these Terms and Conditions on your behalf. If we become aware that a user under the age of 18 is using our Platforms without parental or legal guardian supervision, we reserve the right to deactivate such user's account without notice.
2.2 These Terms and Conditions are governed by the laws of Indian law, including, but not limited to:
- 2.2.1 the Indian Contract Act, 1872;
- 2.2.2 the Information Technology Act, 2000;
- 2.2.3the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (SPI Rules) and;
- 2.2.4 the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).
2.3 All content on our Platforms, including text, graphics, images, logos, software code, and design, belongs to JovialToys and is protected under copyright, trademark, and other applicable laws. You may not modify, reproduce, distribute, or use our content for any public or commercial purpose without our express written permission.
2.4 JovialToys grants you limited, revocable permission to access and use our Services solely for identifying Products, making purchases, and processing returns and refunds, in accordance with our Return and Refund Policy. This permission does not include resale of Products, commercial use of our content, or any derivative use of our Platforms or content.
2.5 While we make reasonable efforts to provide accurate visual representations of our Products on our Platforms, we disclaim any guarantee or warranty of exactness, and the actual delivered Products may vary for various reasons.
3. User Registration and Data
3.1 To facilitate your identification of Products and purchases, JovialToys may collect personally identifiable information, including your name, email address, phone number, postal address, and other contact information. You may register on our Platforms, and it is your responsibility to keep your account information confidential. If you forget your login details, you can retrieve and change them using the "forgot username/password" option on our Platforms.
3.2 You assume all risks, liabilities, and consequences if your account is accessed illegally or without authorization, such as through hacking, and unauthorized purchases are made. Any payments for Products purchased through unauthorized use of your account will be entirely your responsibility.
4. Ordering and Purchasing Products
4.1 The display of Products for purchase on our Platforms is an invitation to offer. Placing an order for a Product constitutes an offer. All orders are subject to Product availability, our acceptance of your offer, and your compliance with these Terms and Conditions.
4.2 You agree to provide accurate, current, and complete data during the purchase process. If the information you provide is found to be untrue, inaccurate, or not in accordance with these Terms and Conditions, we may suspend, terminate, or block your access to our Platforms.
4.3 JovialToys may send you text messages and emails related to your registration, order status, payment information, and promotions. Please note that a confirmation of receipt of your order is not an acceptance of your offer. Our acceptance occurs when the Products are dispatched, and you receive a confirmation message or email.
4.4 We reserve the right to limit the quantity of items in, or cancel, an order before dispatch.
4.5 Access to and registration on our Platforms are free of cost. We may modify our Fee, Payment, and Promotions Policy without prior notice.
4.6 The Services provided through our Platforms are "as is" and "as available." We do not provide any representation, warranty, or guarantee, except as otherwise specified in writing.
5. Intellectual Property Rights
5.1 All intellectual property used on our Platforms, including content, remains the property of JovialToys and is protected by applicable laws. You may not modify, copy, reproduce, distribute, or use our content without our express written permission.
5.2 If you believe your intellectual property rights have been infringed, please contact us at report@jovialtoys.com to report your concerns.
6. Unlawful or Prohibited Use
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding the use of our Services and any related activities. You will not use our Platforms in any way prohibited by these Terms and Conditions or applicable law.
7. Liability
7.1 You acknowledge and agree that you use our Services and purchase Products at your own risk. JovialToys does not provide any representation or warranty about the Products. Refund and replacement of Products are governed by our Return and Refund Policy.
7.2 We do not provide any express or implied warranties about our Platforms, Products, or Services, and all implied warranties under law or contract are hereby disclaimed to the maximum extent permitted by law.
7.3 Our maximum aggregate liability, in respect of all Services provided and transactions undertaken by you using our Services, shall be limited to INR 10,000
8. Indemnity
You agree to indemnify and hold harmless JovialToys, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, and costs arising from your use of our Services, violation of these Terms and Conditions, or infringement of any third-party rights.
9. Grievance Officer
If you have any grievances related to the information you have shared with JovialToys or its treatment, you may contact our grievance officer at[grievance@jovialtoys.com.
10. Nodal Officer
For further inquiries or concerns, you may contact our nodal officer at nodal@jovialtoys.com.
11. Severability
If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision, and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to be in full force and effect.
12. Term and Termination
12.1 These Terms and Conditions will remain in full force and effect while you use any service provided by JovialToys in any form or capacity.
12.2 JovialToys reserves the right to terminate its services provided to you in the event of a breach of any terms contained in these Terms and Conditions, misrepresentation of information, any unlawful activity, or if JovialToys is unable to verify or authenticate any information you submit to it.
12.3 The User may terminate these Terms and Conditions at any time, provided that the User discontinues any further use of the JovialToys website, platforms, or services.
12.4 It is specifically clarified that any termination of these Terms and Conditions by a User shall not cancel the User's obligation to pay for a product purchased on the JovialToys website or any other obligation that has accrued or is unfulfilled and relates to the period prior to termination.
12.5 Any provision of these Terms and Conditions that imposes an obligation or creates a right that by its nature will be valid after termination or expiration of these Terms and Conditions shall survive the termination or expiration of these Terms and Conditions.
13 Dispute Resolution and Governing Law
13.1 These Terms and Conditions and any contractual obligation between JovialToys and you under these Terms and Conditions shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at New Delhi, India.
13.2 All disputes will be subject to arbitration at New Delhi, India in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. JovialToys and the disputing User shall be entitled to appoint 1 (one) arbitrator each, and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.
13.3 Arbitration awards shall be reasoned awards and shall be final and binding on JovialToys and the disputing User, and shall be enforceable in any court of competent jurisdiction.
14. Waiver
JovialToys's failure to enforce any provision of these Terms and Conditions or respond to a breach by a User shall in no way imply a waiver of JovialToys's right to subsequently enforce any provision of these Terms and Conditions or to act with respect to similar breaches by a User.
Email Address: hello@jovialtoys.com
15. Interpretation
15.1 Headings, subheadings, titles, subtitles to clauses, sub-clauses, and paragraphs are for information only and shall not form part of the operative provisions of these Terms and Conditions and shall be ignored in construing the same.
15.2 Words denoting the singular shall include the plural, and words denoting any gender shall include all genders.
15.3 The words "include" and "including" are to be construed without limitation.
JovialToys - 16 October 2023