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Terms & Conditions

PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF COMPANY) AND ULTRA TOYS & GIFTS PRIVATE LIMITED (“Company”) AND GOVERN YOUR USE OF THE COMPANY NETWORK/WEBSITE. BY CHECKING/CLICKING ON THE ‘TERMS OF USE’ LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR USING THE COMPANY WEBSITE, YOU INDICATE ACCEPTANCE OF THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, YOU SHOULD NOT CHECK/CLICK ON THE ‘TERMS OF USE’ LINK AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE COMPANY SERVICES.

These Terms are 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 the Website (defined below).

For the purpose of these Terms, wherever the context so requires "You" or "User" 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 other similar or internet-enabled devices. Company allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Company i.e. Ultra Toys and Gifts Private Limited.

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You make any transactions on the Website, You shall be subject to the policies that are applicable for such transactions. By mere use of the Website also, You shall be contracting with Company and these terms and conditions including the other policies constitute Your binding obligations with Company.

General

The domain name www.ultrasofttoys.com (hereinafter referred to as "Website") is owned by Ultra Toys and Gifts Private Limited, a company registered and incorporated under the (Indian) Companies Act, 1956 with its Registered Office at Mumbai.

When You use any of the services provided by Us through the Website (including Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, 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 with or without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes and prior to any use of it. Your continued use of the Website following the posting of changes shall mean that You accept and agree to the revisions made therein. 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 and services provided there under.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Use, You also hereby accept and agree to be bound by Company’s Policies as amended from time to time.

Eligibility to use

Use of the Website is available only to persons who can enter into legally binding contracts under Indian Contract Act, 1872 as amended from time to time. The services on the Website is not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Company system for any reason, whatsoever. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website.

Company 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 with or without according any reasons for doing so. You shall not have more than one active Account (defined here under) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to any another person or entity.

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, guest users may not have access to all sections of the Website and services. 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 use the Website, You shall be responsible for maintaining the confidentiality of your user name and password and You shall be responsible for all activities that occur under your user name and password. Please ensure that the details You provide to us are correct and complete and You shall inform us immediately of any changes to the information that You have provided while registering. Company reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time, at its sole discretion, with or without notice to You.

Services

The Website is an electronic platform which offers You an online purchasing service which allows You to purchase a selection of the CDs/DVDs/Blu-Ray/toys/items available on the Website and to make payments to the Company for purchase of the products and such other services as are incidental and ancillary thereto. The services are offered to the Users through various modes which may include issue of coupons and vouchers etc. that can be redeemed for various products.

Communications

When You use the Website or send/share emails or other data, information or communication with/to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records/information from Company periodically and as and when required. Company will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number or other details provided by You which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

Payment and Returns

  • 1. While availing any of the payment methods available on the Website, Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
    • i. Lack of authorization for any transaction/s; or
    • ii. Exceeding the preset limit mutually agreed by You and between "Bank/s"; or
    • iii. Any payment issues arising out of the transaction; or
    • iv. Decline of transaction for any other reason/s.
  • 2. All payments made against the purchases/services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping / delivering your order to You, seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for your purchase. This is required in the interest of providing a safe online shopping environment to the Users.
  • 3. You agree and acknowledge to provide correct and accurate all information including financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument or payment wallet account details for availing services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or payment wallet which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. COMPANY EXPRESSLY DISCLAIMS ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF YOUR CREDIT/ DEBIT CARD OR PRE-PAID INSTRUMENT ACCOUNT.
  • 4. You hereby specifically authorize Company and/or its third party service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through cash on delivery to and from other Users in respect of transactions through payment facility. Your relationship with Company is on a PRINCIPAL TO PRINCIPAL basis and by accepting these Terms of Use You agree that Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website which are paid for by using the payment facility. Company does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
  • 5. You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit/debit/prepaid card payment gateway networks. Further, by providing payment facility, Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price/amount.
  • 6. Company reserves its right to impose limits on the number of transactions or transaction amount which Company may receive from an individual valid credit/debit/ cash card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
  • 7. Company reserves its right to refuse to process any transaction by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Company or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
  • 8. Company may delay notifying the payment confirmation i.e. informing the seller to dispatch, if Company deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction amount. In addition, Company may hold transaction amount and may not inform seller to dispatch or remit transaction amount to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
  • 9. The buyer and seller acknowledges that Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction amount or any delay in processing a transaction/transaction amount which is beyond the control of Company.

Buyer's arrangement with issuing bank:

For making payments for buying the films/toys/products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing authority/association may also be applicable to You. Your bank, financial institution or card issuing authority/association may decline or prevent You from making electronic payments for buying the products on the Website; and Company does not control the same and shall not be liable for the same, in any case, whatsoever.

Payment facility for Your orders

Company may, from time to time, contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

Compliance with Laws:

You/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 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 the Website.

Return policy

Company accepts return as per the following policy

  • 1. Only defective/damaged products will be accepted for returns/refunds.
  • 2. User need to raise an alert with us within 07(seven) days from the date of delivery for being eligible for the return.
  • 3. Only those products will be eligible for return policies which are received by us within 15 days of the date of delivery.
  • 4. Company retains the right to examine whether the product returned is defective/damaged and based on the verification Company will either reship/replace the product to the User.
  • 5. In case product is defective or damaged, then the Company team will replace and reship the product to the same shipping address of the User, subject to the availability of the stock of the product.
  • 6. In case the returned product is not defective/damaged, then the User will be informed about the same and the same product will be reshipped to the shipping address of the order.
  • 7. User will have to bear the shipment charges for the replaced/reshipped product.
  • 8. If the product is unavailable in stock, then a request for the refund will be initiated and the same shall be informed to the User through registered email.

Cancellation policy

  • 1. If the delivery fails within the specified deadline, the order will be cancelled and the amount will be refunded to the User.
  • 2. If the User places the order and due to some reason (unexpected lack of inventory or any other reason) the Company is not able to ship the product, the order will be cancelled and the amount will be refunded to the User.
  • 3. If the Company reports order as shipped and delivered from their side and the User does not raise an alert within 02 (two) days, the transaction amount would be deemed successful.

Refund Policy

  • 1. Only those products which are returned from the customers as per the acceptable return policy and for which the replacement is not possible, will be eligible for refund.
  • 2. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Company may, at its discretion, either contact the customer for instructions or cancel the order and notify customer of such cancellation. In such cases Company will refund the charged amount to the customer (only for which the payment has already been received).

For Online Refund

  • 1. In case the payment mode of the refunded order is Online (credit card/net banking) the amount will be refunded to the customer’s card account from which amount was paid.
  • 2. Refund will be done within 5-7 working days from the date of request of refund.
  • 3. For online refund the transaction might take 5-7 working days to reflect into your account.

For Offline Refund

  • 1. In case the payment mode of the refunded order is offline (COD/cheque/DD/any other offline payment mode) the refund will be through cheque.
  • 2. Refund will be done within 02 working days from the date of request of refund.
  • 3. Refund cheque will be sent to the billing address of the refunded order.

Use of Website/ User’s obligations:

  • 1. Company grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the services provided therein. You agree to use the Website and the services 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 adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website in accordance with these Terms of Use. You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person/company/third party.
  • 2. During use of this Website, You shall not host, display, upload, modify, publish, transmit, update or share any information which:· belongs to any another person and to which You 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 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;· is misleading in any way;· is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;· harasses or advocates harassment of another person;· involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";· promotes illegal activities or conduct any activity that is abusive, threatening, obscene, defamatory or libelous;· infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;· promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;· contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);· provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;· provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;· contains video, photographs, or images of another person (with a minor or an adult);· tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;· engages in commercial activities and/or sales, without prior written consent of the Company, such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website;· solicits gambling or engages in any gambling activity which the Company, at its sole discretion, believes is or could be construed as being illegal;· interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;· refers to any website or URL that, at the sole discretion of the Company, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;· harm minors in any way;· 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 products;· violates any law for the time being in force;· deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;· impersonate another person;· 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, easter 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;· threatens the unity, integrity, defence, 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;· shall not be false, inaccurate or misleading;· 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;· shall not create any liability for the Company or cause the Company to lose (in whole or in part) the services of its internet service provider ("ISPs") or other suppliers.
  • 3. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation of Company or sellers on platform or otherwise tarnish or dilute any Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company's systems or networks, or any systems or networks connected to Company.
  • 4. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
  • 5. You may not use the Website or service for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company and / or others.
  • 6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable local laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of the Webiste/ service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  • 7. You agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in information shared by You, in any media now known or not currently known. Company may use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  • 8. From time to time, You shall be solely responsible for providing information relating to the products or services proposed to be sold/purchased by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not, as a seller, exaggerate or over emphasize the attributes of such products or services so as to mislead Users in any manner.
  • 9. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to the Company. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without prior written consent of the Company. In order to protect the Users from such advertising or solicitation, Company reserve its right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period, which the Company deems appropriate in its sole discretion. Company shall have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request for nay reasons including security/investigations reasons. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Company may (and You hereby expressly authorize the Company to) disclose any information received from User to law enforcement or other government officials, as is necessary or appropriate in connection with the investigation and/or resolution of possible crimes/investigations, especially those that may involve personal injury.
  • 10. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between You and such advertiser. Company shall not be responsible or liable for any kind of loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  • 11. Other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and You may be involuntarily exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. Company does not approve of such unauthorized uses, but by using the Website, You acknowledge and agree that the Company shall not be responsible for the use of any personal information that You publicly disclose or share with others on the Website. Company cautions You regarding the type of information that You publicly disclose or share with others on the Website.

Privacy Policy

Please review our Privacy Policy, which also governs Your visit to the Website, to understand our practices with respect to the information which is received by the Company. The personal information / data provided by You during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to information provided by You being transferred or used, please do not use the Website. Privacy of the information provided by You while using the Website/services, is very important principle of the Company. Company stores and processes information provided by You including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act, 2000 and rules there under. Company’s current Privacy Policy is available here. If You object to Your Information being transferred or used in this way, please do not access/use Website. Company may share personal information with its other corporate entities and affiliates. These entities and affiliates may market to You as a result of such sharing unless You explicitly opt-out. Company may disclose personal or any other information provided by You to third parties as may be required to provide You access to our services, to comply with legal obligations, to enforce User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Website/services. However, Company may not disclose Your personal information to third parties for their marketing and advertising purposes without Your explicit consent. Company and its affiliates may share/sell some or all of Your information with another business entity should Company (or its assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) may be required to follow this Privacy Policy with respect to information provided by You.

IP Rights

The Website, processes, their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music, artwork and computer code on the Website (collectively, the "Website Content") is owned and controlled by Company and/or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Website Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. No rights, impliedly or expressly, are granted to You in respect of such Website Content, by mere Your use of the Website. Company reserves the right to change or modify the Website Content from time to time at its sole discretion.

The trademarks, logos and service marks displayed on the Website ("Marks") are the sole property of Company. You shall not use the Marks without the prior written consent of Company.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark "Ultra", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Website Content through any medium without obtaining the necessary written authorization from the Company or thirty party owner of such Website Content.

Restrictions

The Website is controlled and operated by Company and products are also sold by the Company. All material on the Website, 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 Company, 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, shall be commercial use for the purposes of this clause.

IPR infringement complaint

Company protects the intellectual property of the others. In case You feel that Your intellectual property has been infringed, You can write at info@ultrasofttoys.com

Third Party Content

General third party information such as product catalogues, product description and specifications, lists of dealers, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("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 is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the products on the Website. Company may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Company shall not be held liable for any kind of loss suffered by You based on reliance or use of such Third Party Content.

In the event 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. Company makes no warranty or representation regarding, and does not endorse, any website linked to the Website / services or the information appearing thereon or any of the products or services described thereon.

  • · In any way that breaches any applicable local, national or international law or regulation;
  • · In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • · For the purpose of harming or attempting to harm any other person including minors in any way;
  • · To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  • · To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Warranty Disclaimer

  • 1. The Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Company does not warrant that:
    • i) This Website will be constantly available, or available at all;
    • ii) The information on this Website is complete, true, accurate or non-misleading;
    • iii) The Website or the services will meet Your requirements or Your use of the Website or the services will be uninterrupted, timely, secure or error-free;
    • iv) The results that may be obtained from the use of the Website or services will be effective, accurate or reliable;
    • v) The quality of the Website or services will meet your expectations;
    • vi) Any errors or defects in the Website or services will be corrected. No advice or information, whether oral or written, obtained by You from Company or through the Website / content or from use of the services shall create any warranty not expressly stated in these Terms of Use.
  • 2. Company shall not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Company does not warrant that the Website; information, Content, Website Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication are free of viruses or other harmful components.
  • 3. Nothing available on Website constitutes, or is meant to constitute, advice of any kind or any nature whatsoever. All the products available/sold on Website are governed by different state laws and if seller is unable to deliver such products due to implications of different state laws, seller shall return or shall give credit for the amount (if any) received in advance by seller from the sale of such product that could not be delivered to You
  • 4. You will be required to enter a valid phone number while placing any order on the Website. By registering Your phone number, You consent to be contacted via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. Company will not use Your personal information to initiate any promotional phone calls or SMS, unless consent is obtained thereto.
  • 5. You expressly understand and agree that, to the maximum extent permitted by applicable law, Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your account or account information in connection with the Website or any services, with or without Your knowledge. Company has endeavored to ensure that all the information on the Website is correct, but neither warrants nor makes any representation regarding the quality, accuracy or completeness of any data, information, product or service available on the Website.
  • 6. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and User will be solely responsible for any damage to their computer systems/devices or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.
  • 7. THE COMPANY NETWORK IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE COMPANY NETWORK COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

Indemnity and Limited Liability

You agrees to indemnify, defend and hold harmless Company, its owner, directors, promoters, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party, as may be applicable, from time to time.

Company may notify You of any claims which You shall be liable to defend and indemnify Company against. You will then be required to consult with Company regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Company without express prior written consent of Company which can be withheld or denied or conditioned by Company at its sole discretion.

Notwithstanding anything to contrary in the Agreement(s), in no event shall Company, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or Website Content.

In no event shall Company be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if User has been informed in advance of the possibility of such damages.

IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF INR 1000/- (RUPEES ONE THOUSAND ONLY). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Violation of Terms of Use

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please contact us at info@ultrasofttoys.com

FEEDBACK

Company welcomes and encourages You to provide feedback, comments and suggestions for improvements to the Website and services ("Feedback"). You may submit Feedback by emailing us at info@ultrasofttoys.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Company and You hereby irrevocably assign to Company all of Your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Company's request and expense, You will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Any Feedback You provide to Company shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis. Further, by submitting the Feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Company is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Company 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 Company for the Feedback under any circumstances.

To clarify, Company may at its discretion, make any modifications or changes to the Website, Content and / or services on the basis of such Feedback, however Company shall not be obliged to do so. Further, in the event that Company makes any changes or modifications to the Website, Content and / or 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, Content and / or services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or services, and assign to Company, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or services, in perpetuity. You hereby waive all rights under Section 19(4) of the (Indian) Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or services.

Grievance Officer

In accordance with Information Technology Act, 2000 and Rules made there under, if You notice any discrepancies in the information provided or have any grievance against the Site/Company, You may contact our Grievance Officer. The contact details of the Grievance Officer are:

Grievance Officer, 
ULTRA TOYS & GIFTS PRIVATE LIMITED 
2-C, Thakkar Indl. Estate 
N. M. Joshi Marg, Lower Parel (E), 
Mumbai - 400 011
Email: info@ultrasofttoys.com 
Monday to Friday except Public Holidays (10:00 AM to 6:00 PM)

Disclaimer: Please note that the Grievance Officer shall address complaints exclusively pertaining to Information Technology Act, 2000 and the Rules made there under. If you have any specific consumer complaints or any other complaints you may write an email to us info@ultrasofttoys.com. Any complaints to the Grievance Officer other than those related to the Information Technology Act, 2000 and Rules made there under will not be entertained by the Grievance Officer and will not be deemed to have been filed.

Important Warning: Giving false, misleading or inaccurate information in the Notice to the Company may result in civil and/ or criminal liability.

Governing Law

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

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such 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 action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

General

  • 1.INTERNATIONAL USE: Ultra Toys & Gifts Private Limited is a company based in India. By availing the Website/services of Company, You hereby acknowledge that Company is not responsible or liable in any manner to comply with any local laws of Your territory except India with respect to provision of the Website/services. Further, You hereby agree that by usage of Website, You undertake the responsibility and liability with respect to availing the services of Company in Your territory.
  • 2. CONFIDENTIALITY: You agree that the Website, services, including, but not limited to, the object code components, provided to You is "Confidential Information" of Company. You shall retain all Confidential Information in strict confidence at least with the same amount of diligence that You exercise in preserving the secrecy of Your most-valuable information, but in no event less than reasonable diligence.
  • 3. Notices: All notices with respect to these Terms of Use from Company will be served to You by email or by general notification on the Website. Any notice provided to Company pursuant to these Terms of Use should be sent to Grievance Officer at info@ultrasofttoys.com.
  • 4. Relationship of Parties: You and Company are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Company. As an abundant caution, it is clarified that Company shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Company have entered this agreement on principal to principal basis.
  • 5. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights here under shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
  • 6. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted here under or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void abinitio. Company's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Company to any third parties without the requirement of seeking Your prior consent. Company may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Company shall have right to transfer Your Account and Account Information to a third party who purchases Company's business as conducted under the Website.
  • 7. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Company may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
  • 8. Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Company is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Company or its third parties performing such services as sub-contractor to Company and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Company shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Company shall exercise all reasonable commercial efforts to continue to perform its obligations here under.

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