Introduction
Welcome to www.orchardtoys.in (the ‘Site’) brought to you by Gameworks LLP. (the ‘Company’, ‘We’).
The Site allows you to browse, select and purchase educational games (collectively ‘Process’).
By entering and using the Site, you indicate that you accept the Terms of Service (the ‘Terms’) set out below and that you agree to be bound by them. Hence before you enter the Site or use any of its services, you must carefully review the Terms. Acceptance of these Terms creates a binding contract between you and the Company that you will use the service only in a manner consistent with these Terms. Your use of the Site and its services (together, the ‘Service’) is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
In addition, specific pages on the Site may set out additional Terms of Service, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always prevail. We suggest you periodically check this page to make sure you are up to date.
Services
The Site provides users with access to educational games that can be purchased at the price mentioned on the Site.
General
This Agreement sets forth the Terms that apply to the person using the Site (the ‘User’). By using this Site, the User agrees to comply with all of the Terms hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the Internet is usually a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the Internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation to, routine maintenance. The User must understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use.
Use of the Website
The User must agree that he/she will make only lawful use of the Site, and will use the Site only in compliance with all state and local laws and regulations. Any aspect of the Site may be changed, suspended, discontinued or removed at any time, without prior notice, including the availability of any Site feature, Services or content, or any material you have published. The Site may restrict the User’s access to certain features, Services or content at any time, without prior notice.
The User represents that he/she is of legal age to form a binding contract and is not a person barred from receiving services under the laws as applicable in India. The User agrees to provide true, accurate, current and complete information about him/herself as prompted by the Site's registration form. If the User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate the User’s account and refuse any and all current or future use of the Site (or any portion thereof).
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site will be subject to prosecution.
The User shall ensure that his/her data is not accessible by third parties and is liable for all transactions and other activities carried out under his/her account. If and to the extent the User becomes aware that third parties are misusing his/her data, the User shall notify the Company thereof without undue delay in writing, or, by e-mail.
In the event that the User’s telephone, computer hardware or any other equipment is damaged resulting from the use of the Site, the Company shall not be held liable.
User Information
‘User Information’ is defined as any information provided to the Site via the registration process, feedback, emails etc. The User is solely responsible for this information and the Company will respect the User’s privacy (please refer our Privacy Policy). The Company will communicate with Users via email and send promotional material from time to time. Users can opt out of these emails at any time, by request.
The User shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- Belongs to another person and to which he/she does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
- Harms minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- 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;
- Impersonates 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;
- 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 create liability for the Company or cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers;
If a User partakes in any of the above, the Company is entitled at any time, and without obligation to give reasons, to deny the User the right to access the Site.
Products
The Site sells products under the name of the Orchard Toys. The Site reserves the right to make changes to the prices of the products at any time without prior notification and/or remove any products.
While the Company has made every effort to display the products and the product colours as accurately as possible on the Site, We cannot guarantee that your monitor or screen’s display of colour will be completely accurate.
In the event that a particular colour or material is not available, the Company will contact the User and inform him/her. If the difference is negligible, the order the will be processed as usual.
Pricing
The Site strives to provide the User with the best prices possible on products and/or services. Prices and availability are subject to change without any prior notice. The pricing is subject to the Company’s pricing policy and shall be determined only at the Company’s sole discretion.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. 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, we may, at our discretion, contact you for instructions and modify your order, thereafter. In the event that we accept your order, the same shall be debited from your preferred payment mode. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to the mode via which payment was made.
Payment
Payments on the Site can be made through Credit Card, Debit Card, Net Banking, PayPal or PayTM. Please refer to the Site’s FAQs section for further information.
Credit Card or Debit Card Details
The User understands and confirms that the credit/debit card details provided for availing of products and services on the Site will be correct and accurate and he/she shall not use a credit/debit card that is not lawfully owned by him/her or in his/her name. The User further agrees and undertakes to provide the correct and valid credit/debit card details.
The Company has taken reasonable care to make the Site secure. All credit/debit card transactions on the Site are processed using a secure online payment gateway that encrypts the User’s card details in a secure host environment. Credit/debit card information will not be utilized, stored and/or shared by the Company with any of the third parties unless required for fraud verifications or by law, regulation or court order. Liability of credit/debit card fraud is on the User.
Cancellation of Order by the Company
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion to refuse or cancel an order, having provided a reason for the same. Some situations that may result in the order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact the User if all or any portion of the order is cancelled or if additional information is required to accept the order. If the order is cancelled after the User’s payment has been charged, the said amount will be refunded to the User.
Cancellation of Order by the Customer
In case of requests for order cancellations, we reserve the right to accept or reject these for any reason. If an order has been processed and/or put into production, it cannot be cancelled. The Company has the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by the Company and accepts the Company’s decision regarding the cancellation.
Fraudulent/Declined Transactions
Users with more than one account or availing the Site’s services/discount fraudulently shall be liable for legal action under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from the person using the Site fraudulently. We reserve the right to immediately delete such an account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
License and Ownership
Any and all intellectual property rights (‘Intellectual Property’) associated with the Site and its contents (the ‘Content’) are the sole property of the Company, its affiliates or third parties. The Content is protected by copyright, trademark, design and other applicable laws in both India and other countries. Elements of the site are also protected by trade dress, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom logos, graphics, icons, and other items that appear on the Site are trademarks of the Site, its affiliates or third parties and may not be used or interfered with in any manner without the express written consent of the Company. Except as otherwise expressly authorized by these terms of use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without prior written permission from the Company. Except as expressly provided herein, the Site does not grant to you any express or implied rights to the Site’s or any third party's Intellectual Property.
The Site grants you a limited, personal, non-transferable, non-sub licensable, revocable license:
- Access and use only the Site, content and services only in the manner presented and prescribed by the Site
- Access and use the Site’s computer and network services offered within the Site only in the manner expressly permitted by the Site.
Hyperlinks
The Site may contain hyperlinks to the web pages of third parties. The Company shall have no liability for the contents of such third party web pages and does not make representations about or endorse their content as its own. The use of such web pages shall be at the sole risk of the User.
Limitation of Liability
Except to the extent required by applicable law and then only to that extent, in no event will the Company, its employees, officers, directors, affiliates or agents, be liable to the User for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation to, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by the User or any third party that arise in connection with the Site or services (or the termination thereof for any reason), even if the Company has been advised of the possibility of such damages.
The Company shall not be responsible or liable for any content posted by third parties on the Site.
Disclaimer of Warranties
The Company makes no representations about the results to be obtained from using the Site, the services, the information or the content. No data transmission over the Internet can be guaranteed to be 100% secure. While the Company makes best efforts and uses latest technology to ensure privacy of data, the use of the Site is at User’s own risk.
The Site, the information, the services and the content are provided on an "as is" basis. The Company, its licensors, and its affiliates, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. The Company and its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the Site.
All warranties, if any, relating to a product would be provided by the manufacturer of such product and not by the Company. Any claim in relation to the same should be raised against the respective manufacturer and under no circumstances against the Company. We do not endorse and are not responsible for:
- The accuracy or reliability of any opinion, advice or statement made through the Site by any party
- Any content provided on linked sites
- The reliability of any product obtained through a linked site or directly through a manufacturer/supplier.
Indemnity
The User shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, 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 the User’s breach of these Terms, or any other terms it incorporates by reference, or the User’s violation of any law, rules or regulations or the rights of a third party.
Billing
The price of our merchandise is inclusive of the GST, where applicable. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges wherever applicable. The User shall bear all taxes, levies, or duties imposed by taxing authorities, and the User shall be responsible for payment of all such taxes, levies, or duties.
Duration of Sale
All sales are on a ‘first come first serve’ basis. The Company is not obliged to give any information regarding the presence of any product in stock and we will alert you only when an item is sold out.
Shipping and Delivery Policy
Delivery times depend on a variety of factors including and not limited to availability of material etc. The lead-time for each product is 3 working days but the final delivery time depends upon the shipping location. The User agrees that the Company shall not, in any manner whatsoever, be responsible for any delay in delivery that may occur due to reasons that are beyond the control of the Company or the delivery mechanism.
We reserve the right to make delivery of the goods in instalments.
If a User fails to take delivery of the goods, we may at our discretion charge the User for the additional shipping cost.
Please note that we require a signature for any goods delivered, at which point responsibility for the purchased goods passes on to the User. The responsibility passes on to the User if the User or a third party accepts delivery on behalf of the User
Further, We may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
- Unavailability of the relevant product;
- Poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
- Inaccuracies or errors in product or pricing information.
In the event of any circumstance(s) as aforementioned, the User shall not be entitled to any damages or monetary compensation. In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by the User through his/her payment mechanism, the amount paid by the User while placing the order(s) on the Site will be refunded back in the User’s card account.
Returns and Refunds Policy
The User agrees that they will not be entitled to any refunds or exchanges of products purchased from the Site. In the event that the User is dissatisfied with the quality of the product, the Company may be contacted and reasonable measures shall be taken to rectify the issue to the best of the Company’s ability.
Damaged Products
All products are dispatched only after a quality check and in tamper proof packaging. In the event that the product is damaged, please do not accept it and send us an email on info@orchardtoys.in stating the order number and reason for refusal of the order. If the product is found damaged after it has been opened, please alert the Company via email and send an image showing the damage. We will respond in 24-48 hours and the User will be told whether to ship the product back or not. If we are not alerted regarding the damage within the period, sale will be considered final. Also despite intimation, if the product is not received in a reasonable time frame it will not be accepted and sale will be considered final. On receipt of the User’s intimation/product, the Company may at its discretion replace the order at no additional costs to the User, subject to availability of stock. In the event of unavailability of stock, the Company will give the User a refund. Please note products will be accepted for return only if they are in their original packaging.
Applicable Law
The Terms will be construed according to the laws of the Republic of India, without regard to provisions governing conflicts of laws. Any dispute arising under or relating to the Terms, the Contents, the use of the Site, or any Services obtained using the Site, will be resolved exclusively in the courts at Mumbai, India. Any dispute arising out of these Terms shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act (1976). The venue for the arbitration shall be Mumbai and the proceedings shall be conducted exclusively in English.
Other Terms
The User may not assign these Terms or any interests, rights or obligations under these Terms.
If any of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such a term shall not affect the validity of the remaining Terms, which shall remain in full force and effect.
There shall be no waiver of these Terms unless it is in writing. No waiver of any of these Terms shall be deemed a further or continuing waiver of such Terms or any other Terms.
Complete Agreement
Except as expressly provided in a separate license, service or other written agreement between user and the Company these terms of use constitute the entire agreement between a User and the Company respect to the use of the Site, the systems, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
