Welcome to the Toysanta.com website (the “Toysanta.com Site”), a website owned and operated by Toysanta Industries Pvt Ltd
These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 16 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.
Separate terms and conditions apply to the purchase, download and use of digital content such as software applications, books, magazines, newspapers, periodicals, movies and television shows (“Digital Content”). To review the Terms of Service for such Digital Content, click here.
Toysanta grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Toysanta documented in a separate agreement) of the Toysanta services, its Content (as that term is defined in Section 3 below. Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. Toysanta further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Toysanta services so long as the link does not portray Toysanta, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The licenses in Section 1.1 do not include any rights to:
Toysanta, or its parent, subsidiaries, or affiliates, or third parties from whom Toysanta has permission, own the trademarks or service marks that are used on the Toysanta services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Toysanta and its licensors may not be used without prior written consent of Toysanta or its licensor, as the case may be. Without limiting the foregoing, no Toysanta trademark or trade dress may be used in connection with any product or service that is not Toysanta’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Toysanta.
3.1 Proprietary Rights
User acknowledges that the Toysanta services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the INDIAN copyright laws, and Toysanta owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Toysanta services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the INDIAN copyright laws, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
3.2 Third-Party Content
Toysanta is a distributor and not a publisher of Content supplied by third parties and Users. Toysanta has no editorial control over such Content. Toysanta is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Toysanta or any Toysanta Provider, unless expressly stated otherwise. Neither Toysanta nor any Toysanta Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the Toysanta services represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Toysanta or any Toysanta.com Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Toysanta services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through the Toysanta services.
The price for an item on the Toysanta services may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Toysanta services. If the price for the item on the Toysanta services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Toysanta, Toysanta may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and shipped by Toysanta. Any purchases from any third-party sellers on the Toysanta services may be subject to different policies in the event of an incorrectly priced item.
The risk of loss and title for all items purchased via the Toysanta services pass to the User upon delivery of the item to the carrier.
The items offered for sale on the Toysanta services contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Toysanta does not represent or warrant that the descriptions of such items are accurate or complete. We each agree that we are knowingly, voluntarily and intentionally waiving any right we may have to a jury trial with respect to any litigation arising out of, relating to or in connection with these digital content terms of sale.
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use Toysanta websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Toysanta websites, we will remove that information as soon as possible.
8.1 Termination Rights
8.2 Restricted Users
In certain cases, in Toysanta ’s sole discretion, Toysanta may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the Toysanta services has been terminated, including the right to use, access or create any account thereon; (ii) that Toysanta refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
10.1 Account Password
Every User that has an account for the Toysanta services is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User’s computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Toysanta account using an old e-mail address, such User will not receive messages from Toysanta about his or her orders and inquiries or other matters.
10.2 Account Security
User accepts full responsibility for all activities that occur within such User’s Toysanta account or within the Toysanta services interactive community, whether or not authorized by the User.
11.1 Interactive Community Users
The Toysanta services offer numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (“Interactive Community”). This Section 11, Interactive Community, applies to the activities of persons who are using the interactive features within the Toysanta services (“Interactive Community Users”). The scope of these features may change from time to time, with or without notice. You are using Interactive Community features if you post a review or blog entry, create a list, create a profile, submit any other User Created Content, as defined below, or otherwise participate in any interactive feature.
11.2 Interactive Community Services
11.3 Right to Remove Profile or Terminate Access
Toysanta reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community features for any reason.
11.4 Misuse of Interactive Community Services
If you become aware of misuse of the Interactive Community features, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the “Flag” feature on the page in question.
11.5 User Created Content
User consents to electronic communications with Toysanta, whether addressed to the e-mail address associated with such User’s Toysanta account or posted on the Toysanta services. User acknowledges and agrees that any communication via e-mail or by postings on the Toysanta services satisfies any legal requirement that such communications be made in writing.
13.1 Disclaimer of Warranties.
13.2 Limitation of Liability.
15.1 Applicable Law
Each of Toysanta and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Ernakulam, in the state of Kerala, India and waives any objection to the laying of venue of any litigation in said courts.
Please read this section carefully because it requires you and toysantato agree to resolve all disputes between us through binding individual arbitration.
WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. We each agree that we are knowingly, voluntarily and intentionally waiving any right we may have to a jury trial with respect to any litigation arising out of, relating to or in connection with these digital content terms of sale.
OPTION TO OPT-OUT.To opt out of the arbitration and class-action waiver terms in this Section 16, you must notify us in writing within 30 days of the date that you first accept these Terms and Conditions of Use (unless a longer period is required by applicable law). You must mail your written notification to Toysanta, Attention: Legal Department to No.35,Near Sharon Marthoma Church, Power House Link Road, Palarivattom,Kochi,Kerala-682025 and your written notification must include your name, address and an unequivocal statement that you want to opt-out of this arbitration agreement.
You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.
For purposes of any Claim that is not subject to the arbitration procedures in this Section 16, we both agree to the governing law and jurisdiction as set out in Section 15.1 above.
Any software distributed by Toysanta is “commercial computer software” or “commercial computer software documentation.” The INDIAN. Government’s rights with respect to the Toysanta services are limited by these Terms and Conditions of Use as applicable. User agrees that by installing, copying, or otherwise using the Toysanta services that: (i) User does not reside in a country subject to embargo or export controls by the INDIAN Government; (ii) User is not on the List of Denied Persons as published by the INDIAN government; and (iii) User will not use the Toysanta services for any illegal purpose. Because the Toysanta services, and related technical data are subject to INDIAN export controls, User agrees that User shall not upload, export or “re-export” (transfer) the Toysanta services or any Content, including User Created Content, unless User has complied with all applicable INDIAN export controls.
These terms was framed on December 20, 2021.