Please read this terms of service agreement carefully. By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.
This Terms of Service Agreement governs your use of this website, www.brainytoys.in, (hereafter Brainytoys) offer business services and sale of products, for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
Brainytoys reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Brainytoys will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Brainytoys encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Brainytoys for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of use and Policy
I. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. Customer Solicitation: Unless you notify our sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitationsBrainytoys, you are agreeing to continue to receive further emails and call solicitations and its designated in house .
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email for opting out.
Proprietary Rights:
Brainytoyshas proprietary rights and trade secrets in the Products/services posted by its users. You may not copy, reproduce the product images or contents without the written consent of Brainytoys or the owner of the products.
Taxes.
If you purchase any Products, you will be responsible for paying any applicable VATtax. However, to avail any service, you shall pay the applicable service tax or any other tax levied by the central or state Govts.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products and services available, this website also offers a platform to post your products/services/requirements to buy/sell. All posted images/contents are the proprietory rights of Brainytoys or the company/person who posted the same. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You can use the contents/information provided on the website for your personal or business use.
Use of Website
Brainytoys is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will
1. Abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
2. Not interfere with or disrupt the use and enjoyment of the Website by other users,
3. Not resell material on the Website,
4. Not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and
5. Not defame, harass, abuse, or disrupt other users of the Website
License.
By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website in connection with your normal, non-commercial or commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Brainytoys
III. DISCLAIMER OF WARRANTIES
Your use of this website and or producs /services offered are warranted as provided by the manufacturer of the respective product.
IV. LIMITATION OF LIABILITY
Brainytoys
WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS/SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
1. THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS.
2. THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT.
3. ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. OR
4. ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES .
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Brainytoys and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of
1. This Agreement or the breach of your warranties, representations and obligations under this Agreement.
2. The Website content or your use of the Website content.
3. The Products or your use of the Products (including Trial Products).
4. Any intellectual property or other proprietary right of any person or entity.
5. Your violation of any provision of this Agreement. or
6. Any information or data you supplied to Brainytoys.
VI. PRIVACY
Brainytoys believes strongly in protecting user privacy and providing you with the use of data. Brainytoys will never disclose your account details to any third party.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products/services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL Force Majeure
Brainytoys will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation.
Brainytoys may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products/ services.
Governing Law; Jurisdiction.
This Website originates from Gurugram (Haryana State). This Agreement will be governed by the laws of the State of [Haryana State] without regard to its conflict of law principles to the contrary all disputes shall be refered only to jurisdiction of Gurugram District courts.
