Terms of service

TERMS OF USE

Last updated: September 29th, 2026

This Terms of Use is an electronic record under the Information Technology Act, 2000 and the rules made under it. It does not require any physical, electronic or digital signature. It is a legally binding document between the User and Toy Marche (both defined below). It takes effect when you accept it, directly or indirectly, in electronic form, and governs your use of the Website (defined below).

This document is published in accordance with the applicable provisions of the Information Technology Act, 2000 and the rules made under it, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Consumer Protection (E-Commerce) Rules, 2020.

These Terms of Use apply to the website at www.toymarche.com, operated under the name "Toy Marche" (the "Website"). They are between Toy Marche ("Toy Marche", "We", "Us" or "Our") and guest or registered users of the Website ("You", "Your" or "User"). They describe the terms on which Toy Marche offers You access to the Website and related services ("Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE, CREATING AN ACCOUNT, OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

These Terms of Use form the entire agreement under which You may access and use the Website and Services ("Agreement(s)"), together with:

  • the Privacy Policy at https://www.toymarche.com/policies/privacy-policy,
  • the Refund Policy at https://www.toymarche.com/policies/refund-policy,
  • the Shipping Policy at https://www.toymarche.com/policies/shipping-policy, and
  • all other notices, disclaimers and guidelines appearing on the Website from time to time.

1. General

1.1 Toy Marche is a company incorporated under the laws of India, with its registered office at Greenwood City, Block-A, Sector-45, Gurgaon 122002, India. Toy Marche is an inventory-based e-commerce business. It exhibits, advertises, displays and offers products for sale on the Website and enables buyers to purchase them ("Products"), along with related services ("Services").

1.2 Toy Marche may revise these Terms of Use at any time, and the revised version will be published on the Website. Please check these Terms of Use regularly. The "Last updated" date at the top shows when they were last changed. Toy Marche may ask for Your consent to an update before You continue using the Website. Where no separate consent is sought, Your continued use of the Website or Services after a change means You accept it.

2. Services

2.1 The Website is an online store that:

  • (a) advertises, exhibits and offers Products for sale to Users,
  • (b) allows Users to purchase Products and make payments for them, and
  • (c) provides related services.

The Services may also be offered through coupons, discount codes, gift cards and vouchers that can be redeemed for Products.

3. Eligibility to Use

3.1 The Services are not available to minors under the age of eighteen (18), or to any User suspended or removed by Toy Marche for any reason. You represent that You are of legal age to form a binding contract and are not barred from receiving the Services under Indian law. If You are under eighteen (18), please read these Terms of Use with Your parent or legal guardian. In that case, these Terms of Use are a contract between Toy Marche and Your parent or legal guardian and, to the extent permitted by law, are enforceable against You.

3.2 Toy Marche may refuse access to the Services to new Users, or end access for existing Users, at any time without giving reasons.

3.3 You shall not have more than one active Account (defined below) on the Website, and You shall not sell, trade or transfer Your Account to another person.

4. User Account and Security

4.1 You may use the Website and Services as a registered user or as a guest. Some sections of the Website and Services may not be available to guest users.

4.2 Registered users: Some Services are available only if You create an account ("Account"). You sign in to Your Account with Your email address, and a one-time verification code is sent to that email each time. Toy Marche may also offer other sign-in methods, such as Shop or other third-party sign-in services, where available on the Website. Your email address, the codes sent to it, and any third-party sign-in credentials are together called "Account Information".

4.3 You are responsible for keeping Your Account Information, including access to Your email account, secure and confidential. You are responsible for all activity under Your Account. You agree to:

  • (a) notify Toy Marche immediately of any unauthorised use of Your Account or any other security breach, and
  • (b) sign out of Your Account at the end of each session on shared devices.

Toy Marche is not liable for any loss or damage arising from Your failure to comply with this clause. You may be held liable for losses suffered by Toy Marche or others due to use of Your Account resulting from Your failure to keep Your Account Information secure.

4.4 You shall ensure that the information You provide for Your Account is complete, accurate and up to date. Using another user's Account is prohibited.

4.5 If You wish to delete Your Account, please contact customer support at toymarche@toymarche.com.

4.6 If Your information is untrue, inaccurate, outdated or incomplete, or Toy Marche has reasonable grounds to suspect so, Toy Marche may suspend or close Your Account and refuse any current or future use of the Website or Services.

4.7 Guest users: You may browse the Website and place orders without creating an Account. Guest users may not have access to benefits reserved for registered users, which may change from time to time. You may be asked for certain personal information to place an order. How Toy Marche collects, stores, uses and discloses Your personal information is governed by the Privacy Policy at https://www.toymarche.com/policies/privacy-policy ("Privacy Policy").

5. Platform, Payments and Chat Support

5.1 The Website is built on and hosted by Shopify, a third-party e-commerce platform. Your use of the Website is also subject to the processing of data by Shopify, as described in the Privacy Policy.

5.2 Payments on the Website are processed by third-party payment service providers. Toy Marche does not collect or store Your card, UPI or bank account details. Where available, Cash on Delivery (COD) may be offered and may carry additional charges shown at checkout.

5.3 Toy Marche offers customer support through chat on the Website. Chat messages may be answered by an automated assistant powered by artificial intelligence (AI). The assistant draws on product information and store policies, but its responses are for general assistance only. If an AI response conflicts with these Terms of Use, the Privacy Policy, the Refund Policy, the Shipping Policy, or the product information on the product page, those documents prevail. You may ask to speak with a member of our team at any time.

6. Payment Terms

6.1 Presently, Toy Marche does not charge any fee for browsing the Website or buying Products on it. Toy Marche may charge fees for the Website, the Services, or certain features in the future, and will try to make You aware of any applicable fees before You use them. Toy Marche may introduce, change or waive fees at any time. Your continued use of the Website or Services after a change in fees means You accept it.

6.2 You agree to provide correct and accurate payment information to the approved payment gateway. You must use only payment instruments that You lawfully own. Your payment information will not be shared with any third party except for fraud checks, as required by law, regulation or court order, or as described in the Privacy Policy. You are responsible for the security and confidentiality of Your payment details. Toy Marche is not liable for any unauthorised use of Your card, UPI, wallet or other payment instrument.

6.3 Toy Marche or its payment providers may have limits on the amount You can pay in a single transaction. Toy Marche will try to make You aware of such limits where they apply. Toy Marche is not liable for any loss or damage arising from a declined transaction because such a limit was exceeded.

6.4 The terms and conditions of Your bank, financial institution or card issuer may also apply to Your payments. They may decline or prevent Your payments on the Website. Toy Marche does not control this and is not liable for it.

7. User Obligations and Role of Toy Marche

7.1 Subject to these Agreement(s), Toy Marche grants You a limited, non-exclusive, non-sub-licensable, non-transferable and revocable right to access and use the Website and the Services.

7.2 You agree to use the Services, the Website and its Content (defined in Clause 9) only for purposes permitted by (a) the Agreement(s), including these Terms of Use, and (b) applicable law.

7.3 You agree to follow all limitations on the dissemination, use and reproduction of any materials, such as product catalogues, that You access on the Website, in accordance with Clause 8.

7.4 You agree not to access, or attempt to access, the Website or Services other than through the interfaces Toy Marche provides. You shall not use any deep-link, robot, spider, scraper or other automated device, program, algorithm or method, or any similar manual process, to:

  • access, acquire, copy or monitor any part of the Website or its Content,
  • reproduce or circumvent the Website's navigational structure or presentation, or
  • obtain or attempt to obtain any materials, documents or information not specifically made available through the Website.

7.5 If You believe any content on the Website does not comply with the Agreement(s) or applicable law, You may report it to the Grievance Officer named in Clause 16.7.

7.6 The Website may allow You to post content, such as product ratings, reviews and comments, and to submit suggestions, questions or other information, including through chat ("User Content"). You are responsible for the User Content You submit. You represent that You have obtained all consents and approvals needed to post it, and that it complies with applicable law. Toy Marche does not endorse any User Content and is not responsible or liable for it. Toy Marche may disable access to any User Content on the Website.

7.7 You grant Toy Marche a perpetual, irrevocable, worldwide, royalty-free and sub-licensable licence to use, copy, distribute, display, publish, transmit, make available, reproduce, modify and adapt Your User Content, and to create derivative works from it. You represent and warrant that:

  • You own or control all rights to the User Content You submit,
  • the User Content is accurate when submitted,
  • its use does not breach these Terms of Use, and
  • it is lawful.

7.8 Toy Marche does not provide any guarantee, warranty or assurance for Products beyond any guarantee, warranty or assurance given by the manufacturer.

7.9 When using the Website or Services, You shall not host, display, upload, modify, publish, transmit, update or share any information or content that:

  • (a) belongs to another person and to which You have no right;
  • (b) is obscene, pornographic, paedophilic, invasive of another's privacy (including bodily privacy), insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise unlawful;
  • (c) is harmful to children or minors in any way;
  • (d) impersonates any person or entity, or misrepresents Your affiliation with any person or entity;
  • (e) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; incites the commission of any cognisable offence; prevents the investigation of any offence; or insults any other nation;
  • (f) infringes any patent, trademark, copyright or other proprietary right;
  • (g) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • (h) deceives or misleads the recipient about the origin of a message, or knowingly communicates misinformation or grossly offensive or menacing information;
  • (i) interferes with or disrupts the Website, the Services, or the servers and networks connected to them;
  • (j) attempts to gain unauthorised access to any part of the Website, any connected system or network, or any Service, by hacking, password mining or any other illegitimate means;
  • (k) probes, scans or tests the vulnerability of the Website or any connected network, or breaches its security or authentication measures;
  • (l) traces, or attempts to trace, any information about any other user or visitor of the Website, or any other customer of Toy Marche, including any Account not owned by You;
  • (m) exploits the Website, the Services, or any information made available through them, to reveal any information, including personal information, other than Your own information as provided by the Website;
  • (n) is used for any purpose that is unlawful or prohibited by the Agreement(s), or to solicit any illegal activity or any activity that infringes the rights of Toy Marche or others;
  • (o) falsifies or deletes any author attribution, legal notice, proprietary designation, or label of origin of any uploaded material;
  • (p) violates any code of conduct or guideline applicable to any Service;
  • (q) violates any applicable law; or
  • (r) violates the Agreement(s).

7.10 You are solely responsible to Toy Marche and to any third party for any breach of Your obligations under the Agreement(s), and for its consequences, including any loss or damage suffered by Toy Marche, its affiliates or its vendors.

7.11 Toy Marche does not pre-screen User Content and has no obligation to monitor it. However, Toy Marche may, at its discretion or as required by law, monitor User Content and remove any that violates these Terms of Use or applicable law. Where Toy Marche removes User Content, it will make reasonable efforts to inform the user who posted it.

7.12 You are responsible for the devices, internet connection, software and other technology You need to access, use and transact on the Website, and for any access or data fees charged by third parties.

7.13 You shall use the Website, and any coupon, voucher or gift card obtained through it, for personal, non-commercial purposes only, and shall not resell them.

7.14 You may need to install updates introduced by Toy Marche or a third party, such as bug fixes, patches, new functions, plug-ins or new versions ("Updates"), to use the Services, Products or Website.

7.15 Products shown on the Website are an invitation to offer, and Toy Marche does not guarantee their availability at all times. Toy Marche may be unable to process, and may cancel, certain orders. Reasons include, without limitation, Website unavailability, Product unavailability, pricing or listing errors, force majeure, credit limitations and suspected fraud. An order is accepted and final only once Toy Marche generates an invoice. If an order is not accepted and You have been charged, You will receive a full refund.

7.16 For warranty, after-sales or installation services for a Product, the buyer shall contact the manufacturer directly. If the buyer contacts Toy Marche instead, Toy Marche may inform the manufacturer so that it can provide or facilitate the service. Toy Marche is not obliged to provide these services itself.

8. Use of Content

8.1 Except where stated otherwise, Toy Marche grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, on the following conditions:

  • (a) You may use them only for personal, informational and internal purposes, in accordance with these Terms of Use;
  • (b) You may not modify or alter them;
  • (c) You may not distribute, sell, rent, lease, license or otherwise make them available to others; and
  • (d) You may not remove any text, copyright or other proprietary notice from them.

8.2 These rights do not extend to the design, layout, or look and feel of the Website. Those elements are protected by intellectual property rights and may not be copied or imitated, in whole or in part.

9. Intellectual Property Rights

9.1 The Website and all its content are owned and controlled by Toy Marche or its licensors ("Content"). Content includes, without limitation, text, graphics, user and visual interfaces, sounds and music (if any), artwork, computer code, and the processes behind the Website, along with their selection and arrangement. The design, structure, selection, coordination, expression, look and feel, and arrangement of the Content are protected by copyright, patent, trademark and other intellectual property laws. Your use of the Website does not grant You any rights in the Content, whether express or implied. Toy Marche may change or modify the Content at any time at its sole discretion.

9.2 The trademarks, logos and service marks displayed on the Website ("Marks") belong to Toy Marche, its vendors or sellers, or other third parties. You may not use the Marks without the prior consent of their owner.

9.3 Unless stated otherwise, and except for proprietary material expressly identified as belonging to a third party, Toy Marche owns all intellectual property rights in the trademark "Toy Marche" and the Website. This includes, without limitation, all rights, title and interest in copyright, related rights, patents, utility models, designs, know-how, trade secrets, goodwill, meta tags, databases, text, content, graphics, icons and hyperlinks.

9.4 Except as expressly provided in these Terms of Use, You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without authorisation from Toy Marche or the third-party owner of that Content.

10. Third-Party Content

10.1 The Website may make general third-party information available ("Third-Party Content"). This includes product catalogues, product descriptions and specifications, dealer lists, reports on news, entertainment, technology and features, advertisements, videos, images and photographs of products, links to third-party websites, and other data from external sources. Third-Party Content is provided for general information only. It comes from sources believed to be reliable, or is provided by Toy Marche while advertising, exhibiting and offering Products for sale. All Third-Party Content is provided "as is". Toy Marche may not own the rights to it and gives no guarantee about its accuracy, title, merchantability, non-infringement or fitness for a particular purpose. Toy Marche is not liable for any loss You suffer by relying on or using Third-Party Content.

10.2 If Third-Party Content links to third-party websites and You visit those links, You do so at Your own risk. Toy Marche makes no warranty or representation about, and does not endorse, any linked website, the information on it, or any products or services it describes.

11. Disclaimer of Warranties and Liability

11.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY TOY MARCHE ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THIS INCLUDES THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TOY MARCHE MAKES NO WARRANTY THAT:

  • (I) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  • (II) THE RESULTS OBTAINED FROM USING THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
  • (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR
  • (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM TOY MARCHE, THROUGH THE WEBSITE OR CONTENT, OR FROM USING THE SERVICES, INCLUDING RESPONSES FROM AUTOMATED CHAT, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOY MARCHE HAS NO LIABILITY FOR USER CONTENT OR THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. TOY MARCHE ALSO DISCLAIMS ALL LIABILITY FOR THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT OR THIRD-PARTY CONTENT.

11.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • (a) TOY MARCHE IS NOT LIABLE FOR ANY LOSS YOU INCUR FROM UNAUTHORISED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION, WHETHER OR NOT YOU KNOW OF IT.
  • (b) TOY MARCHE HAS TRIED TO ENSURE THAT ALL INFORMATION ON THE WEBSITE IS CORRECT, BUT MAKES NO WARRANTY OR REPRESENTATION ABOUT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE.
  • (c) TOY MARCHE IS NOT RESPONSIBLE FOR ANY DELAY IN, OR INABILITY TO USE, THE WEBSITE OR ITS FUNCTIONALITIES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS INCLUDES THE PROVISION OF, OR FAILURE TO PROVIDE, ANY FUNCTIONALITY, AND ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES OR GRAPHICS OBTAINED THROUGH, OR ARISING FROM USE OF, THE WEBSITE.
  • (d) TOY MARCHE IS NOT RESPONSIBLE IF THE WEBSITE IS UNAVAILABLE DURING PERIODIC MAINTENANCE, OR DURING ANY UNPLANNED SUSPENSION OF ACCESS FOR TECHNICAL REASONS OR ANY REASON BEYOND TOY MARCHE'S CONTROL.
  • (e) ANY MATERIAL OR DATA YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR DEVICES OR LOSS OF DATA.
  • (f) TOY MARCHE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR THAT MAKES A COUPON INVALID.
  • (g) TOY MARCHE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN INFORMATION PROVIDED TO YOU, WHETHER ON ITS OWN BEHALF OR ON BEHALF OF THIRD PARTIES.

12. Indemnification and Limitation of Liability

12.1 You agree to indemnify, defend and hold harmless Toy Marche and its subsidiaries, affiliates, vendors and agents, and their directors, officers, employees, contractors and agents ("Indemnified Parties"). This covers all losses, liabilities, claims, suits, proceedings, penalties, interest, damages, demands, costs and expenses asserted against or incurred by the Indemnified Parties, including legal and statutory fees and related interest. It applies to anything arising out of, resulting from, or connected with:

  • (i) Your breach of the Agreement(s);
  • (ii) any third-party claim arising from or connected with Your use of the Website;
  • (iii) any claim that content, information or materials You provided caused damage to a third party; or
  • (iv) Your violation of the rights of another, including intellectual property rights.

12.2 Toy Marche may notify You of any claim for which You are liable to indemnify it. You must then consult Toy Marche on how to defend the claim. You shall not settle any claim, or admit any liability or wrongdoing on Toy Marche's behalf, without Toy Marche's express prior written consent, which Toy Marche may withhold, deny or make conditional at its sole discretion.

12.3 Notwithstanding anything to the contrary in the Agreement(s), Toy Marche, its subsidiaries and affiliates, and their officers, directors, employees, partners and suppliers are in no event liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages. This includes damages from loss of use, data or profits, whether or not foreseeable and whether or not Toy Marche was advised of their possibility. It applies under any theory of liability, including breach of contract or warranty, negligence or other tort, and to any other claim arising out of or connected with Your use of or access to the Website, Services or Content.

13. Term and Termination

13.1 The Agreement applies until either You or Toy Marche terminates it as set out below. You may terminate it by (i) no longer accessing the Website, or (ii) closing Your Account, where Toy Marche offers this option.

13.2 Toy Marche may, at its sole discretion and without prior notice, terminate Your access to the Website and block future access if it determines that You have violated these Terms of Use or any other Agreement(s). You agree that any such violation will cause irreparable harm to Toy Marche for which monetary damages may be inadequate. You consent to Toy Marche obtaining any injunctive or equitable relief it considers necessary. These remedies are in addition to any other remedies available to Toy Marche at law or in equity.

13.3 In addition to Clause 13.2, Toy Marche may terminate these Terms of Use with You at any time, with or without notice, if:

  • (a) Toy Marche is required to do so by law (for example, where providing the Services to You is or becomes unlawful), or at the request of any law enforcement or government agency;
  • (b) in Toy Marche's opinion, providing the Services to You is no longer commercially viable;
  • (c) Toy Marche decides, with or without reason, to discontinue access to the Website or Services, or any part of them; or
  • (d) Toy Marche faces unexpected technical issues that prevent the Website or Services from working.

13.4 Toy Marche may also terminate or suspend all or part of Your Account or Your access to the Services, with or without reason. Termination may include:

  • (i) removing access to all offerings on the Website and all Services;
  • (ii) disabling access to Your Account Information, including Your personal information and all related information, files and materials in Your Account, and any User Content You uploaded; and
  • (iii) prohibiting further use of the Services.

13.5 You agree that all terminations are at Toy Marche's sole discretion, and that Toy Marche is not liable to You or any third party for terminating Your Account (including deleting Your Account Information) or Your access to the Website and Services.

13.6 Terms of this Agreement that are meant to survive its termination or expiry will survive indefinitely unless Toy Marche chooses to end them. Toy Marche may also cancel any of Your unfulfilled orders without obligation or liability to You, except to refund money You paid for the cancelled orders.

14. Governing Law and Jurisdiction

14.1 These Terms of Use, all transactions entered into on or through the Website, and the relationship between You and Toy Marche are governed by the laws of India, without regard to conflict of laws principles.

14.2 All claims, differences and disputes arising under or in connection with the Website, these Terms of Use, the Agreement(s), any transaction on the Website, or the relationship between You and Toy Marche are subject to the exclusive jurisdiction of the courts at New Delhi, India. You accept the jurisdiction of those courts. Each party irrevocably waives any objection it may now or later have to the venue of such courts, including on the ground of forum non conveniens. Each party agrees that a judgment in any such proceeding may be enforced in other jurisdictions by suit on the judgment or as otherwise provided by law. Service of process and any other notice in any such proceeding is effective against a party if given as provided in these Terms of Use.

15. Communications

15.1 When You use the Website or send emails, chat messages or other communications to Toy Marche, You agree that You are communicating with Toy Marche through electronic records. You consent to receive communications from Toy Marche through electronic records periodically and as required. Toy Marche may communicate with You by email, SMS or WhatsApp on Your registered mobile number, by chat, or by notices on the Website. To the maximum extent permitted by law, such communications are adequate service of notice or electronic record.

16. General Provisions

16.1 Notice: Toy Marche will serve all notices under these Terms of Use by email or by general notification on the Website. Any notice to Toy Marche under these Terms of Use should be sent to the Grievance Officer at toymarche@toymarche.com.

16.2 Assignment: You may not assign or transfer the Agreement(s), or any rights or obligations under them, to any third party. Any attempted assignment or transfer is void from the start. Toy Marche may freely assign or transfer its rights and obligations under the Agreement(s) to any third party without Your prior consent, and may inform You of this in accordance with the notice requirements of the Agreement(s). Toy Marche may transfer Your Account and Account Information to a third party that purchases the business Toy Marche conducts through the Website.

16.3 Severability: If a court of competent jurisdiction finds any provision of the Agreement(s), or any part of one, unenforceable, that provision will be enforced to the maximum extent permitted so as to give effect to the parties' intent, and the rest of the Agreement(s) will remain in full force. Toy Marche may reasonably amend such a provision to make it enforceable, and the amendment will take effect in accordance with the amendment terms of these Terms of Use.

16.4 Waiver: A failure or delay by either party to enforce any provision of the Agreement(s), or any related right, is not a waiver of that provision or right. Exercising one or more rights under these Terms of Use does not waive or prevent the exercise of any other rights or remedies under these Terms of Use, at law or in equity. A waiver is valid only if made in writing and signed by a duly authorised officer of the waiving party.

16.5 Principal-to-Principal Relationship: Nothing in these Terms of Use creates a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative or employment relationship between You and Toy Marche.

16.6 Force Majeure: Toy Marche is excused from performing a service or obligation under these Terms of Use or any other Agreement, to the extent and for as long as a Force Majeure Event affects it. A "Force Majeure Event" is any event that prevents, restricts, delays or interferes with performance by Toy Marche, or by a third party fulfilling a purchase or sale transaction (such as a logistics provider, fulfilment centre or payment gateway), where the event is beyond the reasonable control of Toy Marche or that third party and could not have been prevented by reasonable precautions. Examples include:

  • labour disputes and strikes;
  • acts of God, floods, lightning, severe weather and earthquakes;
  • shortages of materials and rationing;
  • utility or communication failures;
  • epidemics;
  • war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockades and embargoes;
  • any law, order, proclamation, regulation, ordinance, demand or requirement with legal effect from any government, judicial authority, or their representatives; and
  • any other act, whether or not similar to those listed.

Toy Marche will make all reasonable commercial efforts to continue performing its obligations.

16.7 Grievance Officer: In compliance with the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and the Information Technology Act, 2000 and the rules made under them, the Grievance Officer of Toy Marche is:

  • Name: Parul Dhawan
  • Designation: Founder
  • Email: toymarche@toymarche.com
  • Address: Greenwood City, Block-A, Sector-45, Gurgaon 122002, India

Toy Marche will acknowledge a complaint within 48 hours of receiving it and resolve it within one month. Toy Marche may change these details from time to time and will inform You when it does.

17. Feedback

17.1 Any feedback You provide to the Website is non-confidential, and Toy Marche may use it without restriction. By submitting feedback, You represent and warrant that:

  • (i) it does not contain confidential or proprietary information belonging to You or any third party;
  • (ii) Toy Marche has no obligation of confidentiality, express or implied, regarding it;
  • (iii) Toy Marche may already have something similar under consideration or in development; and
  • (iv) You are not entitled to any compensation or reimbursement of any kind for it.

17.2 Toy Marche may, at its discretion, modify the Website, Content or Services based on Your feedback, but is not obliged to. You have no rights or title, including intellectual property rights, in any such modifications. You waive all rights in them and assign to Toy Marche all worldwide rights and title in them, including intellectual property rights, in perpetuity. You also waive all rights under Section 19(4) of the Indian Copyright Act, 1957, or similar provisions of any other jurisdiction, in relation to such modifications.