Please read the following terms and conditions very carefully as your use of services and products on our website www.TrainOfToys.com (“our Website”) is subject to your acceptance of and compliance with the following terms and conditions.
TrainOfToys is an online shopping platform that aggregates children items from many websites. These include toys, baby care items, children essentials, games etc and services designed to help users shop online confidently. TrainOfToys is neither an online merchant nor does it source its own products. We make available products and services of different brands, merchants and dealers on a single platform to augment convenience of our users. TrainOfToys does not produce / purchase / manufacture any goods nor does it sell any goods. We do not promote a particular brand or work for a particular brand. Nothing contained herein shall be deemed to construe as inducement to shop a particular brand or use a particular shopping platform. Your purchase or order booking is at your sole discretion and decision shall be subject to terms and conditions of such brands, merchants and dealers. TrainOfToys would not be responsible, in any manner whatsoever, for any products /services ordered from our affiliated or nonaffiliated merchants. We suggest that you exercise utmost care and caution and carefully read the fine print associated with each such offer. All products on our Website are subject to change without notice. TrainOfToys does not guarantee or endorse the accuracy of links on this Website or any products and services or their usuability, merchantability and suitability for your need and requirements. You agree to comply with all the rules and regulations that are applicable to your use of the Website, including, without limitation, those governing the transmission or use of any data, information or software.
The information and materials on our Website may contain typographical errors or inaccuracies. TrainOfToys reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this Website and to suspend and/or deny access to this Website or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.
ACCESS TO TRAINOFTOYS
Access to TrainOfToys through your computer/laptop as well as TrainOfToys applications and the software designed to support your tablet or other similar devices has been provided to give you ready and convenient access to TrainOfToys products and services by way of updates, notifications, news, information etc. and to keep you abreast of the latest deals, discounts, etc., as it may not be possible for you to have continued access to TrainOfToys through your computer device. All rights, privileges, property and Intellectual Property contained in the software designed for such downloadable applications shall at all times remain the sole and exclusive property of TrainOfToys. You will not be authorized to copy, reproduce or license the rights contained therein or create similar software by unauthorized use of the source code/object code contained in the software or run a similar program to support other applications on your/third party’s mobile/cell phone/tablet or other communication device.
As a result of high internet traffic, transmission problems, system capacity limitations, and other problems, you may, at times, experience difficulty accessing the TrainOfToys Website or communicating with TrainOfToys through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the TrainOfToys Website can experience unanticipated outages or slowdowns, or have capacity limitations. Your uninterrupted and satisfactory use of our Website shall to a great extent depend on your internet service provider, uninterrupted internet connection on the computer /Laptop or data network/ Wi-Fi Connection on your mobile/cellphone/tablet. TrainOfToys does not guarantee continuous, uninterrupted or secure access to its Website.
TrainOfToys does not guarantee that any content products. postings, messages, text, files, photos, videos, comments, images, or any such material (“Content”) posted on our Website will be free from viruses that may have contaminating or destructive elements. Any Content may be downloaded/ used by you solely at your own risk and discretion. TrainOfToys shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download of such data/content. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety and reliability of the Content.
As you are aware that TrainOfToys does not directly source or sell the products offered on the Website, the modus operandi for purchasing a particular merchandise would be that TrainOfToys will direct you to the web domain of that particular brand/merchant/product chosen by you and you will be required to follow the instructions for making the payment on that webpage. Your purchase activity may at times be interrupted due to faulty internet connection, or other electronic or wireless device, slowdowns or capacity limitations in the electronic/mobile device, or the web domain of the website to which you are re-directed to enable the payment gateway. It is expressly clarified that TrainOfToys is not and shall not be responsible for any loss, damage or liability incurred by you including but not limited to incorrect or higher amount charged to your account/debited, password invalidated, non-acceptance of card, amount charged or debited more than once, etc. Your payment concerning merchandise purchased shall at all times be governed by the terms and conditions of the brand/merchant/e-commerce portal from whom such purchase is made and we encourage you to refer to, read and fully understand the same before making a purchase.
Additionally, security of your credit/debit/master card, net banking password or other unique payment password, bank account number, or other bank account details(“Bank account details”) vis-a-viz. your purchase order shall also be governed by the terms and conditions of the brand/merchant/e-commerce portal from whom you purchase a particular product or service. TrainOfToys shall not be liable for (i) any harm whatsoever that may be caused to your computer system due to faulty internet connection or any reason whatsoever that refrains you from successfully rendering the payment (ii) loss or misuse of the Bank account details shared by you on such website due to any reason whatsoever (iii) incorrect amount charged to your account or (iv) failure by the respective brand/merchant to refund any extra amount charged to your account. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety of your Bank account details. We suggest that you exercise care and caution before sharing your Bank Account details on any web domain.
USER WARRANTY AND REPRESENTATION
TrainOfToys is a user driven Website which offers its users with a platform to use and benefit in online shopping.
By using this Website, you understand and accept that all the Content and the authenticity of such Content posted on our Website is the sole responsibility of the brand/merchant/e-commerce portal from where it has originated. The users further warrant that to the best of their knowledge, no action, suit, proceeding, claim or investigation has been instituted, initiated or threatened to be instituted or initiated against any Content posted thereby.
LINKS TO THIRD PARTY CONTENT
The TrainOfToys Website and Content available through the Services may contain features and functionalities that may link you or provide you access to third party content and web domains, which is completely independent of TrainOfToys, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
We have included links to these websites to provide you with access to information and services that you may find useful or interesting. We have not, reviewed, evaluated or approved these sites and we are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. Use of this website is purely your discretion and decision and nothing contained on the Website or herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. The inclusion of any linked site does not imply a sponsorship, endorsement, investigation, verification or monitoring by TrainOfToys of any information contained in such websites and the content therein is merely an offer and not a recommendation to buy or sell any products or services.
TrainOfToys shall not be responsible or liable for any loss, claim, damage or liability of any nature incurred by you as result of your dealings with third party web domains and/or using any payment gateways associated with them. TrainOfToys shall not be a party to any dispute which may arise between participants on this site, or between users and any third party. In the event of such a dispute arising, you hereby release TrainOfToys, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner related to such disputes and/or our Services.
You hereby indemnify and keep indemnified, saved, defended and harmless on full indemnity basis TrainOfToys and all persons claiming under TrainOfToys (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from:
- Use Of Such Websites;
- Mis-Use Of Any Data Or Personal Information Fed By You Or Any Content Posted On Such Website By Any Person;
- Loss/Damage Caused To You As A Result Of Faulty/Defective Product Delivered To You Or Change In Specification Of The Product Delivered;
- Bogus Or Unauthentic Deal Chosen By You Or Withdrawn By The Merchant/Brand After Opting For Such Deal;
- Infringement By You Of Intellectual Property Rights Of Such Third Party Web Domains;
- Loss/Damage Caused To You As A Result Of Mis-Representations Made By A Particular Brand Or Merchant;
- Claims Against You Alleging Mis-Use Or Unauthorised Usage Of Information/Data Available On Third Party Brands/Merchants Linked To Our Website;
- Disputes Arising Between (I) Participants On This Website And/Or (Ii) Users Of Our Website And Any Third Party;
- Decision With Respect To Such Dispute Made By Any Authority(Ies).
THIRD PARTY DEALINGS
Merchandise offered or proposed to be offered to you on our Website may be posted by our registered vendors or advertisers. Your continued usage of our product/service shall be deemed to be an acknowledgement of our offer made to you in this regard. Any loss, harm or damage caused or any expenditure caused or incurred in this regard shall not be attributable to TrainOfToys.
You may conduct whatever investigation you deem necessary and/or appropriate before proceeding with any online or offline transaction with any of these third parties.
Please note that TrainOfToys only provides the links to products on third party websites; therefore it cannot and would not be held responsible if the product chosen by you is out of stock on the third party site.
CONTENT AND ITS INTENDED USE
We may change the format and content of the TrainOfToys Website from time to time. You agree that your use of the TrainOfToys Website and its products and services is on an ‘as is’ and ‘as available’ basis and at your sole discretion and risk.
We do not accept any liability for any loss or claims arising from:
- Any Purchase Made; Or
- Any Loss, Damage Or Harm Caused Due To Action Taken Upon Any Advice Provided/Posted On The Website.
ACCOUNT AND SECURITY
If required, we will create an account for you when you avail services from TrainOfToys. You would be responsible for maintaining the confidentiality of the your account details and for all activities that are undertaken through your account. You agree to (a) immediately notify TrainOfToys of any unauthorized use of your account or any other breach of security, including but not limited to, someone else using your information to (mis)use your account.
TrainOfToys shall not be liable for any loss or damage arising from your failure to maintain your account.
You shall not have more than one active Account on our Website. Additionally, you are prohibited from selling, trading, or transferring your Account to another party or otherwise dealing in your account in an inappropriate, indecent or illegal manner.
You hereby agree to not post, email, or otherwise make available Content:
- That Is Unlawful, Harmful, Threatening, Abusive, Harassing, Defamatory, Libelous, Invasive Of Another’s Privacy, Or Is Harmful To Minors In Any Way;
- That Harasses, Degrades, Intimidates Or Is Hateful Towards An Individual Or Group Of Individuals On The Basis Of Religion, Gender, Sexual Orientation, Race, Ethnicity, Age, Or Disability;
- That Impersonates Any Person Or Entity, Including, But Not Limited To, A TrainOfToys Employee, Or Falsely States Or Otherwise Misrepresents Your Affiliation With A Person Or Entity (This Provision Does Not Apply To Content That Constitutes Lawful Non-Deceptive Parody Of Public Figures.);
- That Includes Personal Or Identifying Information About Another Person Without That Person’s Explicit Consent;
- That Is False, Deceptive, Misleading, Deceitful, Mis-Informative, Or Constitutes “Bait And Switch”;
- That Infringes Any Patent, Trademark, Trade Secret, Copyright Or Other Proprietary Rights Of Any Party, Or Content That You Do Not Have A Right To Make Available Under Any Law Or Under Contractual Or Fiduciary Relationships;
- That Constitutes Or Contains “Affiliate Marketing,” “Link Referral Code,” “Junk Mail,” “Spam,” “Chain Letters,” “Pyramid Schemes,” Or Unsolicited Commercial Advertisement;
- That Advertises Any Illegal Service Or The Sale Of Any Items The Sale Of Which Is Prohibited Or Restricted By Any Applicable Law In India Or Any Of Its Constituent States;
- That Contains Software Viruses Or Any Other Computer Code, Files Or Programs Designed To Interrupt, Destroy Or Limit The Functionality Of Any Computer Software Or Hardware Or Telecommunications Equipment;
- That Disrupts The Normal Flow Of Dialogue With An Excessive Amount Of Content (Flooding Attack) To The Service, Or That Otherwise Negatively Affects Other Users’ Ability To Use The Service; Or
- That Employs Misleading Email Addresses, Or Forged Headers Or Otherwise Manipulated Identifiers In Order To Disguise The Origin Of Content Transmitted Through The Service.
In addition, you also agree not to:
- Create multiple account using any mean, by using fake email ids/phone numbers or temporary email ids/temporary phone numbers. (One user can only have one account)
- Refer to the fake accounts or accounts created solely for the purpose of earning reward coins
- Link Business Facebook account or any other than personal Facebook account.
- Make Unsolicited Contact With Anyone For Any Commercial Purpose.
- “Stalk” Or Otherwise Harass Anyone.
- Collect Personal Data About Other Users For Commercial Or Unlawful Purposes;
- Use Automated Means, Including Spiders, Robots, Crawlers, Data Mining Tools, Or The Like To Download Data From The Service, Unless Expressly Permitted By TrainOfToys;
- Post Non-Local Or Otherwise Irrelevant Content, Repeatedly Post The Same Or Similar Content Or Otherwise Impose An Unreasonable Or Disproportionately Large Load On Our Infrastructure;
- Post The Same Item Or Service In More Than One Forum;
- Attempt To Gain Unauthorized Access To TrainOfToys’s Computer Systems, Servers Or Engage In Any Activity That Disrupts, Diminishes The Quality Of, Or Interferes With The Performance Of, Or Impairs The Functionality Of, The Service Or The Website; Or
- Use Any Form Of Automated Device Or Computer Program That Enables The Submission Of Postings On TrainOfToys Without Each Posting Being Manually Entered By The Author Thereof (An “Automated Posting Device”), Including Without Limitation, The Use Of Any Such Automated Posting Device To Submit Postings In Bulk, Or For Automatic Submission Of Postings At Regular Intervals.
- Remove Or Change Any Content Of The TrainOfToys Domain Or Attempt To Circumvent Security Or Interfere With The Proper Working Of The TrainOfToys Domain Or Any Servers On Which It Is Hosted;
- Misuse Any Information Or Content On The TrainOfToys Website;
- Damage, Disable, Overburden, Or Impair The TrainOfToys Website Or Service Or Interfere With Any Other Party’s Use And Enjoyment Of Any TrainOfToys Website Or Service.
- Gain Unauthorized Access To Any TrainOfToys Website Or Service, Computer Systems Or Networks Connected To Any TrainOfToys Website Or Service, Through Hacking, Password Mining Or Any Other Means.
- Create Links To Our Website From Any Other Website, Without Our Prior Written Consent;
- Frame Or Replicate The Home Page Of TrainOfToys Website Containing Such Content That Is Unlawful, Threatening, Abusive, Libelous, Pornographic, Obscene, Vulgar, Indecent, Offensive Or Which Infringes The Intellectual Property Rights Of TrainOfToys Or Rights Of Any Third Party;
- Misuse, Replicate Or Copy The Source Code And The Object Code Contained In The Computer Program Of The TrainOfToys Website;
You are not permitted to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part any Content, software, or Intellectual Property contained in the products or services or contained on the TrainOfToys Website or obtained from social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, WordPress, or use such information, Content, or Intellectual Property in a searchable, machine readable database, except without TrainOfToys’s prior written approval. If you download any information or software from our Website or social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, WordPress, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. Intellectual Property shall mean any and all intellectual property or proprietary rights of TrainOfToys including any and all rights over all its data, information, techniques, methodologies and materials, and shall include all rights as applicable relating to any copyright (including rights in audiovisual works), trademarks (including logos, slogans, domain names, trade names and service marks), patents (including patent applications and disclosures), designs, proprietary computer programs and software, source code, object code, rights of priority and trade secret rights, recognized in any country or jurisdiction in the world.
The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of TrainOfToys or respective third parties. You are not permitted to use the Marks without the prior consent of TrainOfToys or the third party that may own the Marks.
The brands/merchants whose products, services or deals are made available on our Website may be protected by intellectual property laws of India or a country outside India. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the products or services of such brands/merchants, may subject you to infringement consequences in accordance with the policies of such brands/merchants which may be enforced by them in India or outside India. TrainOfToys is not bound by any agreement with any of the brands/merchants for ensuring security of their intellectual property appearing on our Website. You hereby agree and undertake to be solely responsible in this regard, in the event of claims or disputes which may arise by such brands/merchants alleging infringement of intellectual property by TrainOfToys. You hereby indemnify and keep indemnified, saved, defended and harmless TrainOfToys and all persons claiming under TrainOfToys (‘Indemnified Persons’), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands and costs that may be made and/or raised on the Indemnified Persons by any of the brands/merchants or any concerned authority (ies) and/or alleging infringement of their intellectual property contained in their brands/deals.
Other than the services owned and managed by TrainOfToys, our Website offers services, products and deals at prices which are quoted by the respective brands/merchants/traders. TrainOfToys does not directly service products or sell the same on our Website. Thus discounts/sale/coupons may only apply to those brands/deals who offer their products/brands/deals on sale or discounted prices.
You are advised to undertake your own research as regards the best price for the products or deals available. Although TrainOfToys updates its Website on a regular basis, we may be unaware of a particular deal which may have been withdrawn by the merchant. It may happen that the same product, of a brand may be differently priced on our Website. It is hereby clarified that TrainOfToys has in place a robust mechanism to stay abreast of the latest deals, prices, discounts and trends. However, we shall not in any manner be liable for any claims, damages, losses or liabilities which may arise as a result of your purchasing a product for a higher price than that available elsewhere or booking a deal which may have been withdrawn by the merchant. Your payments and refund policies shall be subject to the terms and conditions of the website they are purchased from. You are advised to undertake reasonable efforts in acquainting yourself with such terms and conditions before purchasing any product deal.
You hereby indemnify TrainOfToys and keep indemnified, saved, defended and harmless on full indemnity basis TrainOfToys and all persons claiming under TrainOfToys (“Indemnified Persons”), from and against all losses and/or damages arising to TrainOfToys as a result of any notices, proceedings, litigations, claims, penalties, demands, made by or served upon TrainOfToys by the respective merchants/brands and/or judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) allegedly arising in that regard, in whole or in part from any user attempting to defame, insult or offend any merchants/brands or by posting any content which is abusive defamatory or libellous for such merchants/brands.
LIMITATION OF LIABILITY
Although the information provided to you on this Website is obtained or compiled from sources which we believe to be reliable, neither TrainOfToys, nor directors, officers, employees, or any third-party vendor guarantee you the accuracy, completeness, comprehensiveness, timeliness or availability of any of the products, deals, services or other content provided through this Website.
Neither TrainOfToys, nor directors, officers, employees, or any third-party vendor shall be liable for the purchase by you of products, services or deals based on suggestions or advice shared on our discussion forums or by users and visitors of our Website or have any responsibility of any kind, for any loss or damage, direct, indirect, consequential or incidental incurred by you, in the event of any failure or interruption of the TrainOfToys website, or from any other cause relating to your access to, inability to access, or use of the TrainOfToys Website, whether or not the circumstances giving rise to such cause may have been within the control of TrainOfToys or of any vendors providing software or support services to TrainOfToys.
TrainOfToys shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. TrainOfToys shall have no responsibility to provide you access to our Website whilst such unforeseen delays or interruptions continue.