We are Toy Association of India, doing business as Toy Biz
(“Society,” “we,” “us,” “our”), a society committed to
protecting the privacy of those who use our mobile app
(the “App”) and interact with our organisation.
This Privacy Policy explains what information we collect,
how we use it, and how we protect it.
Registered in India at Jhandewalan, Anarkali Complex,
New Delhi, Delhi 110015.
We operate the mobile application Toy Biz (the “App”),
as well as any other related products and services that
refer or link to these legal terms (the “Legal Terms”)
(collectively, the “Services”).
You can contact us by email at
toyassociationofindia@gmail.com
or by mail to Jhandewalan, Anarkali Complex,
New Delhi, Delhi 110015, India.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an
entity (“you”), and Toy Biz, concerning your access to
and use of the Services.
You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal
Terms. If you do not agree with all of these Legal Terms,
then you are expressly prohibited from using the Services
and you must discontinue use immediately.
Supplemental terms and conditions or documents that may
be posted on the Services from time to time are hereby
expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms at any time
and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Legal Terms.
It is your responsibility to periodically review these
Legal Terms to stay informed of updates. You will be
subject to, and will be deemed to have been made aware
of and accepted, the changes in any revised Legal Terms
by your continued use of the Services after the date such
revised Legal Terms are posted.
The Services are intended for users who are at least
18 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the
age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Services.
If you are a minor, you must have your parent or guardian
read and agree to these Legal Terms prior to using the
Services.
We recommend that you print a copy of these Legal Terms
for your records.
The information provided when using the Services is not
intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would
subject us to any registration requirement within such
jurisdiction or country.
Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative
and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code,
databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services
(collectively, the “Content”), as well as the trademarks,
service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and
trademark laws and various intellectual property rights,
unfair competition laws, and treaties in India and around
the world.
The Content and Marks are provided in or through the
Services “AS IS” for your internal business purpose only.
Subject to your compliance with these Legal Terms,
including the Prohibited Activities section below,
we grant you a non-exclusive, non-transferable,
revocable license to:
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or
Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever without
our express prior written permission.
If you wish to make any use of the Services, Content,
or Marks other than as set out in these Legal Terms,
please address your request to:
toyassociationofindia@gmail.com
We reserve all rights not expressly granted to you in and
to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your
right to use our Services will terminate immediately.
Please review this section and the Prohibited Activities
section carefully prior to using our Services to understand
the rights you give us and the obligations you have when
you post or upload any content through the Services.
By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services
(“Submissions”), you agree to assign to us all intellectual
property rights in such Submission.
You agree that we shall own this Submission and be entitled
to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment
or compensation to you.
You are responsible for what you post or upload. By sending us
Submissions through any part of the Services you:
You are solely responsible for your Submissions and expressly
agree to reimburse us for any losses that we may suffer because
of your breach of these Legal Terms, any third-party intellectual
property rights, or applicable law.
By using the Services, you represent and warrant that:
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Services.
You may be required to register to use the Services.
You agree to keep your password confidential and will be
responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase
and account information for all purchases made via the Services.
You further agree to promptly update account and payment
information, including email address, payment method, and
payment card expiration date, so that we can complete your
transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time.
All payments shall be in INR.
You agree to pay all charges at the prices then in effect for
your purchases and any applicable fees, and you authorize us
to charge your chosen payment provider for any such amounts.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the
Services.
We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order.
We reserve the right to limit or prohibit orders that, in our
sole judgment, appear to be placed by dealers, resellers,
or distributors.
All sales are final and no refund will be issued.
You may not access or use the Services for any purpose other
than that for which we make the Services available.
The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or
approved by us.
As a user of the Services, you agree not to:
The Services do not offer users the ability to submit or post content.
However, we may provide opportunities for you to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content
and materials to us or through the Services, including text, writings,
videos, audio, photographs, graphics, comments, suggestions, personal
information, or other material (“Contributions”).
Contributions may be viewable by other users of the Services and through
third-party websites. When you create or make available any Contributions,
you represent and warrant that:
Any use of the Services in violation of the foregoing violates
these Legal Terms and may result in termination or suspension
of your rights to use the Services.
You and the Services agree that we may access, store, process,
and use any information and personal data that you provide,
including your settings and preferences.
By submitting suggestions or other feedback regarding the Services,
you agree that we may use and share such feedback for any purpose
without compensation to you.
We do not claim ownership of your Contributions. You retain full
ownership of your Contributions and all intellectual property rights
associated with them.
We are not liable for any statements or representations contained
in your Contributions. You are solely responsible for your
Contributions and agree to release us from any liability relating
to them.
If you access the Services via the App, we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use
the App on devices owned or controlled by you, strictly in
accordance with these Legal Terms.
You shall not:
The following terms apply when you use the App obtained from
Apple App Store or Google Play:
We allow advertisers to display advertisements and other
information in certain areas of the Services, including
banner advertisements and sidebar advertisements.
We only provide advertising space and have no other
relationship with advertisers.
We reserve the right, but not the obligation, to:
These Legal Terms remain in full force and effect while
you use the Services.
We reserve the right, in our sole discretion and without
notice or liability, to deny access to and use of the
Services for any reason, including breach of these Legal
Terms or applicable law.
We may terminate your use of the Services, delete your
account, or remove any content you have posted at any
time without warning.
If your account is terminated or suspended, you may not
create a new account under your own name, a borrowed name,
or on behalf of another person.
We reserve the right to pursue legal action, including
civil, criminal, and injunctive remedies, where appropriate.
We reserve the right to change, modify, or remove the contents
of the Services at any time or for any reason at our sole
discretion without notice.
We have no obligation to update any information on our Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance
of the Services.
We cannot guarantee the Services will be available at all times.
We may experience hardware, software, or other problems or need
to perform maintenance related to the Services, resulting in
interruptions, delays, or errors.
We reserve the right to revise, update, suspend, discontinue,
or otherwise modify the Services at any time without notice.
You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access
or use the Services during any downtime or discontinuance.
These Legal Terms shall be governed by and construed in
accordance with the laws of India.
Toy Association of India and yourself irrevocably consent
that the courts of India shall have exclusive jurisdiction
to resolve any dispute arising in connection with these
Legal Terms.
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms
(“Dispute”), the Parties agree to first attempt to negotiate
any Dispute informally for at least thirty (30) days before
initiating arbitration.
Such informal negotiations commence upon written notice from
one Party to the other Party.
Any dispute arising out of or in connection with these Legal
Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally
resolved by arbitration.
The number of arbitrators shall be two (2).
The seat of arbitration shall be New Delhi, India.
The language of the proceedings shall be English.
The governing law shall be the substantive law of India.
Any arbitration shall be limited to the Dispute between the
Parties individually.
The following Disputes are not subject to arbitration:
There may be information on the Services containing
typographical errors, inaccuracies, or omissions.
We reserve the right to correct any errors, inaccuracies,
or omissions and to update information without prior notice.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY
OF THE SERVICES OR ANY LINKED CONTENT.
WE SHALL NOT BE LIABLE FOR:
IN NO EVENT SHALL WE, OUR GOVERNING BODY, EMPLOYEES,
OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
THIS INCLUDES LOSS OF PROFITS, REVENUE, DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID,
IF ANY, BY YOU TO US.
You agree to defend, indemnify, and hold us harmless,
including our affiliates, officers, employees, agents,
and partners, from and against any loss, damage,
liability, claim, or demand arising from:
We reserve the right to assume exclusive defense and
control of any matter subject to indemnification.
We maintain certain data transmitted to the Services for
managing performance and operations.
Although routine backups are performed, you are solely
responsible for all data you transmit.
We shall not be liable for any loss or corruption of data.
Visiting the Services, sending emails, and completing
online forms constitute electronic communications.
You consent to receive communications electronically and
agree that electronic communications satisfy legal
requirements for written communications.
You agree to the use of electronic signatures, contracts,
orders, records, notices, policies, and transaction
documents.
If you wish to stop receiving SMS messages from us,
you may uninstall the application.
Message and data rates may apply to SMS messages sent
or received, depending on your carrier and mobile plan.
For assistance regarding SMS communications, contact:
toyassociationofindia@gmail.com
These Legal Terms and any policies posted on the Services
constitute the entire agreement between you and us.
Our failure to enforce any right shall not constitute
a waiver of that right.
We may assign our rights and obligations at any time.
We shall not be responsible for delays or failures caused
by circumstances beyond our reasonable control.
If any provision of these Legal Terms is deemed unlawful
or unenforceable, the remaining provisions shall remain
valid and enforceable.
No joint venture, partnership, employment, or agency
relationship is created between you and us through use
of the Services.
To resolve a complaint regarding the Services or to obtain
further information regarding the Services, please contact:
Toy Association of India
Jhandewalan
Anarkali Complex
New Delhi, Delhi 110015
India