Terms & Conditions for Use of Website
This Policy Document contains all the policies of Innovative e-Commerce Website for Buyers & Guest Users.
This document is essentially an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic Records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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 access or usage of www.Innovativead.in Website.
The use of the Website and the offered services and features by you are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including all the applicable policies which are incorporated herein by way of reference. If you use this Website and/or make transactions on the Website, you shall be subject to the policies that are applicable to the Website for all such transactions. By mere use of the Website, you shall be contracting with Toy Cart Innovations Private Limited and these terms and conditions, including the policies, constitute your binding obligations with Innovative.
For the purpose of these Terms of Use, the term “we”, “us”, “our” shall mean innovative ad, while the term “you” or “user”, wherever it so requires in the context, shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems or any such device or devices like Smart Phone or Tab or hand held computer that connect to this Website and facilitate access to the Website and allow to make Transactions on this Website. Innovative also allows the Guest Users to surf the Website but for placing an Order, the user is required to register on the website.
When you use any of the services provided by us through the Website, including but not limited to, (e.g. Product Reviews, Third Party Reviews etc.), you will be subject to the terms and conditions, rules, guidelines and policies, applicable to all such services, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for any updates and changes. As long as you comply with these Terms of Use, we grant you a personal, non- exclusive, non-transferable, limited privilege to enter and use the Website. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Innovative Policies, including but not limited to the Privacy Policy as amended from time to time.
Services: Platform for Transactions & Communications
The Innovative Website is a platform for users to utilize for viewing and purchasing Products from Innovative and interacting with Innovative. Henceforward:
All commercial/contractual terms are offered by and agreed to between Buyers and Innovative alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales customer support services related to products and services.
Innovative is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
You release and indemnify Innovative and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, Innovative cannot take responsibility or control the information provided by other users that is made available on the Website.
You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretense.
Disclaimer: Pricing on any product(s) as is reflected on the Website may be incorrectly reflected due to some technical issue, typographical error or product information published and in such an event Innovative may cancel such order(s).
Eligibility of Use for Registered or Guest Users
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the
meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.
Children or Minor: A minor can only use the Website if such use or transaction is made by his/her legal guardian or parent(s) on the Website. Innovative reserves the right to terminate your use and block your access to the Website if it is brought to the notice of Innovative by any means or if it is discovered that you are under the age of 18 years.
User Account, Password & Security
Any guest user or registered user can access and use the Website and its services. However, guest users cannot access all the sections of the Website and Services.
Registered users: You can access certain sections of Innovative Website only if you have created an account using the required information and acquired a Innovative ID through certain log-in ID and password.
“Account Information” refers to the Toy Card ID and/or any login details for third party website as listed above.
You are solely responsible for maintaining the confidentiality and security of your Account Information and you are fully responsible for any and every activity that occurs under your Account.
By creating an account on the Website to access all its features and services, you agree to:
Immediately notify Innovative about any unauthorized use of your Account, and
Log out from your account at the end of each session.
You will be held liable for any losses incurred by Innovative or any unauthorized use of your Account which might happen as a result of your failure to keep your Account secure and safe.
You must provide accurate, complete and up-to-date information while filling out the Website registration form. If Innovative has reasonable grounds to suspect that your Account Information is not current, incomplete or untrue, Innovative has the right to block your Account and refuse any future access of Website and its services.
Guest users: Guest Users are like un-registered users and are provided with a limited access of the Website under “guest users” category. The Guest Users can browse the Website but cannot avail of the services, purchase goods and place Orders. However,
Guest Users may not be able to access certain features and services which are reserved only for the registered users. These benefits can be updated from time to time by Innovative.
If you are a Buyer, or another user who, for certain purpose, needs to access the Innovative Website and avail of the offered services, you may be required to provide certain personal information. You will be governed by the user obligations.
The policies and rules for collection, use, storage, disclosure and otherwise dealing with such information are listed in the privacy policy of Innovative.
Fees/Charges
Currently we do not charge anything for user registration on this Website or any fee for browsing and buying on the Website.
Innovative reserves the right to change its Fees/Charges Policy at its sole discretion from time to time. In particular, Innovative may introduce new services and modify some or all of the existing services and features offered on the Website. In such an event Innovative reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
However, Innovative at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if Innovative determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. This removal will be informed to the user through reasonable efforts. Such actions do not negate in any manner or dilute the position of Innovative or impose any liability on Innovative with respect to User Content.
Innovative reserve the right to disable access to the User Content on the Website.
You hereby grant Innovative a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content.
You represent and warrant that you own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and
that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
Coupons/Vouchers purchased through the Website should not be commercial purposes and should not be sold to other persons.
You may need to install updates that we or any Third Parties introduce from time to time to use the Services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively called “Updates”). Your use of these Products or Website you have installed thus requires that you have agreed to receive such automatically requested Updates.
When you use the Website and/or the Services you specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
Violate the terms of the Agreement;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
Any purchase of the Products from the Website will be strictly for personal use of the user. The user hereby expressly agrees that any merchandize or services purchased by the user will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The user hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, Innovative reserves the right to cancel any Orders that classify as ‘Bulk Order’ as determined by Innovative as per certain criteria. Any rewards or benefits provided by Innovative and used by you for placing the ‘Bulk Order’, will not be refunded. An Order can be classified as ‘Bulk Order’ if it meets certain criteria adopted by Innovative for the purpose of identifying ‘Bulk Order’, including but not limited to:
Content on the Website
Innovative Website has no control over Third Party user generated content such as text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and art work (collectively called the “Content”).
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, any other Website or other medium for publication or distribution or for any commercial enterprise, without express prior written permission and consent of Innovative.
Third Party Content
General third party information such as product catalogues, product descriptions, product specifications, lists of dealers, reports on features, technology, entertainment, news, advertisements including text, images, videos, photographs of the products, links to third party websites and other data from external sources is made available on the Innovative Website is called the “Third Party Content”.
The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you on the Website is as is received from the sources believed to be reliable or provided by the Manufacturers/Vendors in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an ‘as is’ basis.
Innovative may not own or have the rights and title to any such Third Party Content, nor could Innovative provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular motive of any Third Party
Content. Innovative shall not be held accountable for any loss suffered by you based on your reliance on or use of any such Third Party Content.
In case, any Third Party Content contains links to Third Party Websites, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. Innovative makes no warranty or representation regarding this and does not endorse any website linked to the Websites/Services or the information appearing thereon or any of the products or services described thereon.
Governing Laws and Jurisdiction
These Terms of Use and all transactions entered into on or through the Website and the relationship between you and Innovative shall be governed in accordance with the laws of India, without reference to conflict of laws principles.
You agree that all claims, disputes and differences arising under or in relation hereto the Website, the Agreement(s), Terms of Use, or any transactions entered into on or through the Website or the relationship between you and Innovative shall be subject to the exclusive jurisdiction of the courts at District Courts, Pune, India and you hereby accede to accept the jurisdiction of such courts.
Each of the parties hereby irrevocably and unconditionally waives any objection, which any party may now or hereafter have, to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such proceeding or action may be enforced in other jurisdictions by any manner provided by law or suit on the judgment.
Any and all service of process and any other notice in any such suit, proceeding or action with respect to this Agreement shall be effective against a party, if given, as provided herein.
Compliance with Laws
Innovative and Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India (RBI) from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Innovative Website.
Product Description
All the Product descriptions and/or any other Product related contents on this Website are as per the specifications, details and content provided by the respective Manufacturers/Vendors for their respective Products and may not be complete, accurate, current, reliable or error-free.
Innovative does not warrant that Product description or any other content of this Website is complete, accurate, current, reliable, or error-free and assumes no responsibility for it.
Infringement Policy
Innovative is committed to removing infringing products from the Website. To facilitate this, Innovative has put in place a Innovative Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in the interest of Innovative to ensure that infringing products are removed from the Website, as they erode the trust of Buyer and Innovative.
Termination of use
The Agreement will continue to apply until terminated by either you or Innovative as set forth below
In case you want to end your agreement with Innovative, you may do so By not accessing the Website; or
By closing your Account for all of the services that you use, where Innovative has made this option available to you.
You agree that Innovative may, without prior notice and at its sole discretion, terminate and block your future access to the Website, if Innovative determines that you have violated the Terms of Use or any other Agreement(s). You also agree that any violation by you of the Agreement(s) might cause irreversible damage to Innovative, for which monetary losses may be inadequate, and you give your consent to Innovative for obtaining any equitable relief that Innovative deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Innovative may have at law or in equity.
Moreover, Innovative may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with you if:
Innovative is required to do so by law ( for example, where the provision of the Services to you is, or becomes, unlawful ), or upon request by any law enforcement or other government agencies;
The provision of the Services to you by Innovative is, in the opinion of Innovative, no longer commercially viable;
Innovative opts to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
In the event Innovative faces any unexpected technical issues or problems that prevent the Website and/or Services from working.
Innovative may also terminate or suspend all or a portion of your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your Account may include:
Removal of access to all offerings within the Website or with respect to the Services;
Disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside your Account or any part thereof, and any User Content uploaded by you; and
Prohibiting further use of the Services.
You agree that all terminations shall be made at the sole discretion of Innovative and that Innovative shall not be liable to you or any third party for any termination of your Account and accompanying deletion of your Account information, or your access to the Website and Services.
Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination/expiry of this Agreement, will survive indefinitely unless and until Innovative chooses to terminate them. Innovative may also cancel all your non-fulfilled orders on the Website without any obligation or liability towards you.
Email Abuse & Threat Policy
Innovative does not regulate private communications like email correspondence. We encourage all the users of Innovative Website to be respectful, professional and courteous while communicating through email or any other electronic method. However, Innovative reserves all the rights to take necessary action against certain types of unwanted emails that violate Innovative policies. These emails include:
Misuse of Innovative Website: Innovative permits Users to facilitate transactions through the Innovative Website. However Innovative holds all rights to investigate in case of any misuse of this service.
Threats of Bodily Harm: Innovative does not authorize its users to send explicit threats of bodily harm to anyone. The necessary actions that can be taken against such threats include:
Limits on account privileges
Loss of special status
Cancellation of Listings
Temporary/Permanent Account suspension
Other Businesses: Innovative does not hold any liability or responsibility for the actions, content, products, and services presented on the Website, which are linked to Affiliates and/or third party websites using Website’s APIs or otherwise. In addition, there may be some links on the Website to the third party websites or affiliated companies and Innovative holds no responsibility for the authentication and correctness of the services and products represented by these companies. Furthermore, Innovative assumes no responsibility to evaluate, endorse or warrant the offerings or content of any of these businesses or individuals.
Disputes & Resolutions Policy
Almost all the transactions are completed smoothly on Innovative. However, there may be some instances where both the Buyers may face some challenges. Innovative has a Dispute Resolution policy in order to resolve such disputes between the Buyers and Innovative.
A ‘Dispute’ can be defined as a disagreement between a Buyer and Seller regarding a transaction on the Website. Disputes arise out of an issue, which is raised by either party (the Innovative or the buyer) not being completely satisfied with the resolution of their complaint/issue. However, it is important that the Buyer/Innovative should attempt
Some of the instances where a dispute can arise include:
Wrong Item received
Item Received Not as per the Product Description
Damaged or Seal broken on Product
Description/Specification is Wrong
Part/Accessory missing
Defective: Functional issues with the Product
Item not Compatible
Product not working and Manufacturer claims invalid Invoice.
In case a Buyer raises a dispute, then Innovative will try to resolve the dispute. If the dispute is resolved in favor of the Buyer, a refund is provided once the product is returned to Innovative. If the dispute is settled in favor of the Innovative, Buyer is not entitled to any refund.