WinMagic Toys (“WinMagic”, “WinMagic Toys” “we”, “us”, or “our”) operates the website located at https://winmagictoys.com/. Please read this document carefully, as it sets out the terms and conditions upon which a user (“User”, "you," or “your”) can access, browse, or purchase the products and use the services in any manner provided by us.
Please note that:
These terms of use, read together with the Privacy Policy constitute a legal and binding agreement (“Agreement”) between you and WinMagic Toys, having its registered office at 712, A Wing, Kanakia Wallstreet, Chakala, Andheri Kurla Road, Andheri East, Mumbai 400093
The Terms of Use, inter alia, provides the terms that govern your access to use our website https://winmagictoys.com/, and its mobile and tablet applications (if any) (“Platforms”) inter alia facilitates the purchase of products sold by WinMagic toys (“Products”) through the Platforms, and ( and any other service that may be provided by WinMagic toys from time to time (collectively referred to as the “Services”)
By using or otherwise accessing the services provided by us and/or by creating an account with us, you agree to the terms of this agreement and our privacy policy. If you do not agree to be bound by and comply with all of the terms of this agreement, please do not register with us or use our Platform in any manner whatsoever
You understand and agree that WinMagic Toys is engaged in B2B form of business only and acts only in the capacity of a wholesaler whereby the Sellers registered on the Platform are also bound by the said terms and conditions
WinMagic Toys ensures that any seller/reseller available at the Platform has submitted valid documents including KYC as per the prevalent laws in India.
PART-A
GENERAL TERMS
1. GENERAL:
INFORMATION TECHNOLOGY ACT, 2000: In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system, it does not require any physical or digital signature. This document is 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 accessing the platform
MODIFICATION: WinMagic Toys reserves the right to update or amend the Terms of Use and the other documents consisting of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Platforms; we may also attempt to notify you in some other way. Your continuous use of the Platform/s following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use. If at any time you choose not to accept these terms of use, including following any such modifications hereto, then you must stop using the Platform/s.
2. INTERPRETATION:
In this Agreement, unless the context otherwise requires,
any references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement;
headings are inserted for ease of reference only and are not to be used to define, interpret, modify, limit, or construe the meaning, scope or intent of this Agreement and any provisions therein;
references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders;
any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and
any reference to a time limit in this Agreement means the time limit set out in the relevant clause or sub-clause or such other time limit which may be mutually agreed by the parties in writing.
3. TERMS OF USE FOR APPLICABLE USERS
USER’S AGE: By registering, accessing or using the Platform, you represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform, and agree to and abide by this Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Terms of Use, including terms of purchase of Products, on behalf of the minor User. However, if you discover that your child has been using the Platform without your consent, or that someone has been using the Platform for or on behalf of you or your child without your consent, please contact us using the information below under “Contact Us” and we will take reasonable steps to delete the child/person’s information from our active databases.
ACCURACY OF USER INFORMATION: You acknowledge that your ability to access and use the Platform is conditioned upon the truthfulness of the information you provide to us including your age, residence, contact and other information and that the Service Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide their Services
USER ACCOUNT:
To provide and use the services and features made available by us on the Platform (e.g., browsing, ordering Products), you may register an account with us and provide certain information about yourself as prompted by any registration forms, including, but not limited to, your name, gender, email address, mobile phone number and, billing/shipping address. You may be required to set up a password at the time of registration. All of your registration information is protected by our Privacy Policy. Signing up with WinMagic Toys by creating an account is FREE OF COST;
You may be able to access the Platforms without registering with the same, but registering an account with us is mandatory to avail our services and any third party services (if available). By logging in, you confirm to us that you are the owner of any such account;
You are responsible for maintaining the confidentiality of your account’s access information, including your account’s password. You shall immediately notify us if you suspect any unauthorized access or use of your account. You agree that if you disclose to any person your account user name and password, that person is authorized to act as your agent for the purposes of accessing and using the Platform and you shall be liable for all of their subsequent use of the platform in this capacity;
You agree that you will be liable for any losses incurred by WinMagic Toys and/or other parties arising from the unauthorized use of your account, as well as from the use of your account by another person or entity acting on your behalf;
By registering with us, you agree to receive communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email;
You understand that the Platforms that you use on your phone or any other device is owned by us and we may automatically upgrade the Platforms and that these Terms, which may or may not be amended at the time of such Platform upgrades shall apply to your use of the upgraded Platform as well. We reserve the right to terminate this agreement without any notice and suspend the account without assigning any reason.
4. THIRD PARTY CONTENT
Our Platform may have links to third-party websites or resources, where said third parties may include individuals and entities affiliated with WinMagic Toys. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of any such third-party websites or resources, or the Content, products, services and other information on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the Content, products, services, and other information available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
WinMagic Toys may use data obtained from Third Parties and display such data, whether “as is” or in a streamlined manner, in different sections of the Platform. Such data may pertain to information related to, inter alia, standard pricing and availability for any goods and services listed on the Platform, recommended use of any such goods and services etc. Any such data is provided for informational purpose only and we make no guarantees with respect to the accuracy and relevance of such data. In no way will we be held liable for any consequence arising out of the User’s use of such information.
We assume no control over any content published on third-party websites or resources. These links are merely provided as a convenience, and we do not monitor the content published within them. In the event any of the Third Party Content hosted or linked to by the Platform infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss or damage caused by such infringement, and we shall not be liable for the same. You may send us an email at (info@winmagictoys.com) to report any such copyright infringement in third-party content published on or linked to by our Platform.
5. USER’S OBLIGATIONS:
Each User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which such person does not have any right; 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 whatsoever;
infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
violates any law for the time being in force;
impersonates another person;
harms minors in any way;
deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive and menacing in nature;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made thereunder; and
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
Violating or attempting to violate the integrity or security of the Platform;
Transmitting any information, including job posts, messages, hyperlinks etc. on or through the Platform that is disruptive or competitive to the provisions of the Platform;
Intentionally submitting on the Platform any incomplete, false or inaccurate information;
Making any unsolicited communications to other Users of the Platform;
Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the App/Website;
Attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
Copying or plagiarizing in any manner any of the Content or information available from the Platform; and
Framing or hot linking or deep linking any of our Content.
WinMagic Toys upon obtaining knowledge by itself or upon being brought to actual knowledge by an affected person in writing or through e-mail signed with electronic signature about any such information, shall be entitled to disable such information that is in contravention of any provisions of these Terms of Use.
In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a User, WinMagic Toys has the right to immediately terminate the access or usage rights of the User to the Services and to remove non-compliant information.
6. USE OF PERSONAL AND DEVICE INFORMATION
Any personally identifiable information collected by us during the course of your usage of the Platform and its Services shall be used in accordance with our PRIVACY POLICY. We understand the importance of Data Privacy and take the best of measures to keep your information safe and secured.
We may, through its Services, collect information relating to the devices through which you access the Platform, such as anonymous data of your usage of the Platform, along with the data provided by you for availing the Services being offered, which shall be used by us for performance enhancement, better communication purpose and for facilitating better services to the Users.
7. AVAILABILITY OF PLATFORM
We take all reasonable care to ensure the availability of our Platform 24 hours a day, 365 days per year. However, the Platforms may become temporarily unavailable due to planned and unplanned maintenance, brought about by server or other technical issues, or for reasons beyond our control. WE DO NOT WARRANT uninterrupted access to the Platforms or any linked website/Application. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of any component of our Platform.
8. CHANGES TO THE PLATFORM &SERVICES; NEW SERVICES
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. We may terminate, change, suspend or discontinue any aspect of the Platforms, including the availability of any features of the Platform or scheme at any time and without notice. Under no circumstances will we be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement, which may be appended in the event of a change in Service.
9. TERMINATION
The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below.
In case of User wanting to terminate these Terms of Use, User may do so by
Ceasing all access to the Platform; or
Closing their accounts for all the Services that they use.
You agree that we may at any time, and without notice, suspend or terminate any part of the Services, or terminate your Account and delete any Content stored on the platform, at our sole discretion, if:
you engage in illegal, abusive, or bullying activities or perform any acts which may incite hatred or illegal activities.
In case of illegal activities, e.g. works which hurts religious sentiments or lead to child abuse etc., we may pass on your details to relevant law enforcement agencies. We receive a report from a third party or another User of the Platform claiming a violation of their rights as a result of your use of the Platform
you fail to comply with the Agreement or applicable law in force.
Once terminated or suspended, either temporarily or permanently, the User may not continue to use the Platform under the same account, a different account, or re-register under a new account.
Upon termination of these Terms of Use, we shall have no obligation to maintain or provide any of the User’s data and may thereafter, unless legally prohibited, delete all of the User’s data from its systems or otherwise in its possession or under its control, including but not limited to User’s personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside User’s account (or any part thereof).
We reserve the right, at our sole discretion, to pursue all legal remedies available to us including but not limited to deletion of the User’s content from the Platform with or without the ability to access our Platform and its Services, upon any breach by the User of these Terms of Use or if WinMagic Toys is unable to verify or authenticate any information the User submits to us, or if the User fails to provide(or after providing such consent, later revokes) the consents necessary or desirable for us to provide the Services to the User.
The right to terminate/ suspend the account is in addition to, and without prejudice to our right to initiate action against the User, in accordance with applicable law.
10. DISCLAIMERS & LIMITATION OF LIABILITY
To the fullest extent permissible pursuant to applicable law, WinMagic Toys disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of accuracy, merchantability, fitness for a particular purpose, title or non-infringement;
Without limiting the foregoing, WinMagic Toys does not warrant that access to the service will be uninterrupted or error-free, or that defects, if any, will be corrected. You expressly agree that your use of the Platform and your reliance upon any of its contents is at your sole risk.;
You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. We shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here;
The maximum aggregate liability of WinMagic Toys, in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of equivalent to the order value placed by the customer at cost;
In the event of any problem with the service or any of its content, you agree that your sole remedy is to cease using the services. Under no circumstances shall WinMagic Toys or its affiliates or representative be liable in any way for your use of the service or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content;
Under no circumstances shall WinMagic Toys its affiliates, or representatives be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the service, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise;
In no event shall Winmagic Toys be responsible for any damage, whether physical or through a virus or any other type of malware, to the User’s devices and infrastructure such as mobile phone, computer, tablet, network etc. caused by the User’s access to or use of the Platform or any of its Services.
Disclaimer regarding presentation of Products: We have made every effort to display the colors of our products that appear on the Platforms as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Any images of products on our Platforms do not represent the actual dimensions of the product.
11. INDEMNITY
You agree to defend, indemnify and hold harmless WinMagic Toys, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Your access to or use of the Platform (b) your breach of these Terms of Use or any applicable law(s); (c) You violating any rights of another person/entity, including infringement of their intellectual property rights; or (d) Your conduct in connection with the Platform.
12. INTELLECTUAL PROPERTY RIGHTS
All the intellectual property used on the Platform except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of WinMagic Toys. The Other Parties agree not to circumvent, disable or otherwise interfere with security-related features of the Platforms or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platforms or the materials therein. The materials on the Platforms or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means;
The information including, without limitation, the content, services and software displayed on or used in connection with the Platforms, including for example text, photographs, html, source and object code, trademarks, logos, as well as its selection and arrangement, is owned by WinMagic Toys and other Third Parties. You are prohibited from using the content and information available on the Platform for any purpose other than personal and non-commercial use.
You shall not distribute or use for commercial purpose any information or content belonging to us, Third Parties, or other Users of the Platform and you shall not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content available on the Platform. You may not scrape or otherwise copy the content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Platform; not to insert any code or product or manipulate the content of the Platform in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
13. MISCELLANEOUS
Electronic Contracting: Your affirmative act of using, accessing and testing the Platform constitutes your electronic signature to this Agreement, which includes our Privacy Policy, Acceptable Use Policy and Additional Terms, and your consent to enter into agreements with us electronically;
International Users: Our computer systems are currently based in India where data protection requirements and privacy regulations may be different than other parts of the world. If you create an online account on the Platform as a visitor from outside India, you will have agreed to the terms of this Privacy Policy and our Terms of Use, you will have consented to processing of all such information in India, and you will have agreed that your personal information will be subject to the requirements of the privacy regulations of India, which may not offer an equivalent level of protection as certain other countries;
Entire Agreement: This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, Disclaimer, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of WINMAGIC TOYS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights here under;
Assignment: We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void;
Force Majeure: We shall not be liable to the User or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
act of God, explosion, flood, tempest, fire or accident;
war or threat of war, sabotage, insurrection, civil disturbance or requisition;
acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
import or export regulations or embargoes;
interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving our employees or of a third party);
interruption of Service or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
power failure or breakdown in machinery.
Upon the happening of any one of the events set out in Condition as above mentioned, WINMAGIC TOYS may at its discretion:
fully or partially suspend delivery/performance while such event or circumstance continues;
terminate any Contract so affected with immediate effect by notifying the User and WINMAGIC TOYS shall not be liable for any loss or damage suffered by the User as a result thereof.
Breaches Of These Terms And Conditions: Without prejudice to the user’s other rights under these terms and conditions, if you breach any of these terms and conditions in anyway, we may take such action as deemed appropriate to deal with the breach, including seeking of legal remedy, suspending your use, access to the Platform, prohibiting you from accessing the Platform, blocking electronic devices using your IP address from accessing, using and testing the Platform and/or contacting your internet service provider to request that they block your access to the Platform.
Survival and Severability. Those sections of this Agreement which, by their nature, are intended to survive termination (including disclaimers of warranties, indemnification, and provisions regarding intellectual property rights) shall so survive any termination or expiration of this Agreement. If any provision in this Agreement shall be found or be held to be invalid or unenforceable, then the meaning of said provision shall be considered, to the extent feasible, to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect.
Interpretation: Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Terms of Use and shall be ignored in construing the same; Words denoting the singular shall include the plural and words denoting any gender shall include all genders; the words “include” and “including” are to be construed without limitation.
Arbitration: In the event of any dispute or difference between the Parties hereto, whether arising during the currency or after the completion of this Agreement, or after the determination thereof (whether for breach or for any other reason) in regard to any matter or thing of whatsoever nature arising out of this Agreement or in connection therewith, then either Party shall give to the other notice, in writing, of such dispute or difference and the same shall be settled by arbitration in __Mumbai_, India in accordance with the Arbitration and Conciliation Act, 1996, or any statutory modification or substitution thereof.
Governing Law: These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai, India.
14. CONTACT INFORMATION
If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at support@winmagictoys.com If any Other Party(s) has any questions concerning these Terms of Use, or anything related to any of the foregoing, we can be reached at the contact information available from the following hyperlink: Contact us at support@winmagictoys.com
