Terms of service
Welcome to the Mituli Toys LLP website. The following Terms of Use together with the Privacy Policy and any other legal notices published by Mituli Toys LLP on the Website (this "ToU" or “Agreement”) describes the terms and conditions applicable to your access and use of the Site and the services made available through or in connection with the Site. This ToU sets forth the terms and conditions under which Mituli Toys LLP provides you access to the Site and the Service. These Terms of Use together with the Privacy Policy and any other legal notices published by Mituli Toys LLP on the Website, shall constitute the entire agreement between you and Mituli Toys LLP concerning the Website
In this ToU, "Mituli Toys LLP", "we", "us" and "our", “Company” means Mituli Toys LLP, a Limited Liability Partnership having its registered address at 302, Abhigam Complex, Opp. Doctor House, Nr. Parimal Garden, Ellisbridge, Ellisbridge, Ahmedabad.
Mituli Toys LLP may amend this ToU at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to this ToU. For your convenience, the date of last revision is included at the top of this page. Mituli Toys LLP may make changes to the Site and/or the Service at any time. You understand that Mituli Toys LLP may discontinue or restrict your use of the Site and/or Service for any reason or no reason with or without notice.
Please read the following terms and conditions carefully before using this site. By using this Site, you signify your agreement to these ToU. If you do not agree to these ToU, do not use this Site. Mituli Toys LLP may modify these ToU at anytime. Viewers and users of this Site under the age of 18 must obtain parental consent.
Terms of Use
· The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of Mituli Toys LLP, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Mituli Toys LLP Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the Mituli Toys LLPContent or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Mituli Toys LLP Content in any way for any public or commercial purpose or for personal gain.
· Mituli Toys LLP authorises you to view and access the Mituli Toys LLP Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. Mituli Toys LLP, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the Mituli Toys LLP Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Mituli Toys LLP Content.
· As means to assist the Users in identifying the Products of their choice, Mituli Toys LLP provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Mituli Toys LLP disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.
· Users may make purchases on the Platforms. For the purposes of identifying a User, Mituli Toys LLP may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.
· The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User..
· You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if Mituli Toys LLP has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Terms of Use, Mituli Toys LLP reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.
· Mituli Toys LLP may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Terms of Use in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Terms of Use from time to time. Such changes shall be made applicable when they are posted. Mituli Toys LLP may also alter or remove any content from the Platforms without notice.
· While Mituli Toys LLP shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, Mituli Toys LLP shall not be liable for any interruption that may be caused to your access or use of the Services.
· The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Mituli Toys LLP does not covenant or warrant that:
· the Services will be made available at all times;
· the Mituli Toys LLP Content available on the Platforms is complete, true, accurate or non-misleading; and
· the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.
· The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.
Intellectual Property Rights
· All the intellectual property used on the Platforms by Mituli Toys LLP, including the Mituli Toys LLP Content, shall remain the property of Mituli Toys LLP, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Terms of Use, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Mituli Toys LLP, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.
Disclaimer
· We will use our best endeavors to make this Site secure and have implemented technology for this purpose. However, because of the nature of the internet, we do not warrant that this Site will be secure.
· Your access and use of this Site is subject to factors beyond our control.
· We are providing the Site and Service and its respective contents on an “As is” and “As available” basis for informational purposes only.
· You agree that your use of the website shall be at your sole risk.
· To the fullest extent permitted by law, Mituli Toys LLP, its proprietors, affiliates, group companies, associated entities, officers, directors, employees, consultants, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof.
· Mituli Toys LLP makes no warranties or representations about the accuracy or completeness of this website’s content, information, software, products, features and services or the content of any sites linked to this website and assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our website,
(v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
(vi) any errors, omissions, interruptions, deletions, defects, delay in operation or transmission in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.
· Mituli Toys LLP does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and the Mituli Toys LLP will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
· As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
· Inclusion of any linked website on the website does not imply approval or endorsement of the linked website by Mituli Toys LLP. When you access these third-party sites, you do so at your own risk.
· Mituli Toys LLP takes no responsibility for third party advertisements which are posted on the website or through Mituli Toys LLP, nor does it take any responsibility for the goods or services provided by its advertisers.
·Mituli Toys LLP is not responsible for the conduct, whether online or offline, of any user of Mituli Toys LLP.
·Mituli Toys LLP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication, whether based on contract, tort, negligence, strict liabilty or otherwise.
· Mituli Toys LLP is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of Mituli Toys LLP services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation in connection with Mituli Toys LLP services.
· Under no circumstances shall Mituli Toys LLP be responsible for any loss or damage, including personal injury or death, resulting from use of Mituli Toys LLP’s services, attendance at a Mituli Toys LLP event, from any content posted on or through Mituli Toys LLP services, or from the conduct of any users of Mituli Toys LLP services, whether online or offline, whether in contract tort or otherwise.
·Mituli Toys LLP services are provided “as-is” and as available and Mituli Toys LLP expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
· Mituli Toys LLP cannot guarantee and does not promise any specific results from use of the website.
· You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. Mituli Toys LLP shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here
· Mituli Toys LLP does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.
Unlawful Or Prohibited Use
· You warrant to Mituli Toys LLP that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Terms of Use or under applicable law.
Limitation of Liability
· In no event shall Mituli Toys LLP, its proprietors, affiliates, group companies, associated entities, officers, directors, employees, consultants, or agents, be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind including but not limited to loss of profits, business interruption and/or loss of information or data whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
· You specifically acknowledge that Mituli Toys LLP shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Indemnity
· You hereby agree to indemnify and hold harmless Mituli Toys LLP, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) liabilities, proceedings, injuries and expenses (including, but not limited to, reasonable attorneys’ fees and litigation expenses) arising out of or related to any of your Communication, or otherwise transmission of data through the Site, your conduct, any breach by you of these Terms, or of any representation or warranty contained herein, your unauthorized use of the Content or the site, or your violation of any rights of another.
Severability
· If any provision of the Terms of Use 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 the Terms of Use shall continue to be in full force and effect.
Term And Termination
· Mituli Toys LLP reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Terms of Use, misrepresentation of information, any unlawful activity or if Mituli Toys LLP is unable to verify or authenticate any information you submit to it.
· The User may terminate the Terms of Use at any time, provided that the User discontinues any further use of the Platforms or Services.
· It is specifically clarified that any termination of the Terms of Use by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
· Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.
Dispute Resolution And Governing Law
· The Terms of Use and any contractual obligation between Mituli Toys LLP and you under the Terms of Use shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat.
Waiver
· Mituli Toys LLP's failure to enforce any provision of the Terms of Use or respond to a breach by a User or User shall in no way imply a waiver of Mituli Toys LLP's right to subsequently enforce any provision of the terms of the Terms of Use or to act with respect to similar breaches by a User or User.
Grievance Officer
Name: Mr. Badal
Email Address: info@toysaga.in
Phone: 079-49215838
Designation: Grievance Officer