PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
www.playbug.in (“Website”) is an Internet based portal owned and operated by Asda Creatives, a Sole Proprietorship registered under Shop and Establishment Act, with its office at Jaipur, India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Asda Creatives at its sole discretion and posted on the Website.
This ‘User Agreement’, which is intended to be a legally binding contract governs the user of the Playbug toys and services and the website and contains the following:
A. Terms of Sale: this governs your purchase of the services and products
By using, visiting, or browsing our website, you agree that you are of legal age to enter into binding contracts, have read, understood and are bound by the User Agreement. If you do not want to be bound by this User Agreement, you should not use this Website or conduct any sale/purchase transaction.
References to “you”, “User”, “Member”, “Subscriber” shall mean the end user accessing the Website, its contents and using the Functionalities offered through the Website, “Service Providers” mean independent third party service providers or merchants, and “we”, “us”, “Asda Creatives”, “Playbug”, “Playbug Toys”, and “our” shall mean Asda Creatives.
How Our Service Works
www.playbug.in (“Website”) is an Internet based portal owned and operated by Asda Creatives, a Sole Proprietorship registered under Shop and Establishment Act, with its office at Jaipur, India, to provide its users with access to a variety of stimulating and unique toys for kids from 1 to 12 years old. Our carefully designed toys are focused on promoting early age learning like creativity, fine motor, sensory, cognitive and emotional development. You can order any toy from our online catalog and pay using a variety of options such as Net Banking, Credit/Debit cards, UPI, and major Mobile Wallets. Once we receive your payment, we will ship the selected toy via our courier and you shall receive it within 3-5 days of placing order.
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 Jaipur, India.
If you come across any abuse or violation of these Terms, please report to [email protected]
A. Terms of Sale: this governs your purchase of the services and products
All information, products and services displayed on the Playbug website constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Playbug has the right to accept or reject your offer without assigning any reason thereof.
ELECTRONIC COMMUNICATIONS: When you visit Playbug website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Asda Creatives or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Asda Creatives and protected by international copyright laws.
PRODUCT DESCRIPTIONS: Playbug Toys attempts to be as accurate as possible. However, Playbug Toys does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. There could be small changes in specifications from the product shown in the picture and the actual product in terms of dimensions, weight or colours.
PRICING: Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. With respect to items sold by Playbug, despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. In this case, all payments made will be refunded back to you. If an item’s correct price is lower than our stated price, we will, at our discretion, refund you the difference in the price of the product. Prices mentioned are valid at the time of order booking. Playbug reserves the right to change any prevailing price at its discretion.
REFUND & CANCELLATION POLICY: Orders placed on www.playbug.in can be cancelled by customer provided the items have not already been shipped. Cancellation requests would have to be sent by via email / written correspondence. Cancellation charges would be applicable to a maximum of 15% of the order value and will be charged at the discretion of Playbug to the customer. If customer wishes to cancel an item due to non-availability of the item beyond the maximum promised delivery period, Playbug accepts to cancel the item without any cancellation charges. Goods once shipped and sold cannot be taken back or exchanged. Any manufacturing defect would have to be reported in writing by the customer. We undertake to repair the defective item or send a replacement after mutual consent with the customer. Any damaged/ missing item / part item in the shipment would have to be reported by the customer within 24 hours of receipt of shipment beyond which such requests would not be entertained. Due investigation would be done to ensure that the item was truly missed/damaged before sending a replacement to the customer. Again, Playbug undertakes to send only the item / part item (if the missing item is a part item) as replacement or the entire item after mutual consent with the customer.
Shipping costs are calculated and shown on the website for domestic purchases within India. International shipping is enabled for select destinations. Additional shipping charges for international shipping will be communicated to customers which they will have to bear before dispatches.
Playbug does not guarantee its product from damages or loss if any unauthorized transport agents is proposed / insisted upon by the customer. In such cases, the risk of loss lies entirely on the customer.
DUTIES & TAXES: Would be applicable as per government regulations and is included in the price of the products shown. Any changes as per current government notifications shall be applicable at the time of billing. Duties as applicable in the buyer’s country will be to buyer’s account. Currently, there are no duties / taxes for shipping to international destinations outside India which is again subject to rules and regulations as advised by the government from time to time.
INSPECTION: Buyer’s choice in our works prior to packing. Third party inspection if any will be to buyer’s account.
Playbug will not be responsible for any damage suffered by users from use of the services on Playbug website. This without limitation includes loss of revenue or data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, negligence, defect, deletion, error, omission, interruption, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, or under any other cause of action.
Playbug reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price or for any other reason. This shall be regardless of whether the order has been confirmed and/or payment been received. The payment shall be refunded and the User shall be informed of the same.
If a non-delivery or late delivery occurs due to a mistake by the User (i.e. wrong or incomplete name or address or recipient not available) any extra cost spent by Playbug for re-delivery shall be claimed from the User placing the order.
The User agrees to give accurate, authentic and true information. Playbug reserves the right to confirm and validate the information and other details provided by the User at any point of time. If any such User details are found not to be true wholly or partly, Playbug has the right in its sole discretion to reject the registration and debar the User from using the services of Playbug without prior intimation whatsoever.
Playbug will not be liable for any type or kind of credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user. The User must exclusively use his/her own card on the site.
User Account, Password, and Security
The Website requires you to register as a User by creating an Account in order to use the services from the Website. You will receive a password and account designation upon completing the Website’s registration process. You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Playbug of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Playbug cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
The Member Conduct on the Playbug Web Site
By accessing our Web site, you agree to use the Playbug service, including all features associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, the subscriber agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Web site.
You agree and undertake to use the Website only to post and upload material that is proper. By way of example, and not as a limitation, you agree and undertake that when using the Website, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer
- Conduct or forward surveys, contests, pyramid schemes or chain letters
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
- Violate any applicable laws or regulations for the time being in force in or outside India
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein and
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
- Notwithstanding anything to contrary, Playbug’s entire liability to you shall be the refund of latest order placed on Playbug website, under which the unlikely liability arises. Under no circumstance shall Playbug be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Playbug Toys owns all Intellectual Property Rights to and into the trademarks “Playbug” and “Playbug Toys”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Playbug Toys without obtaining authorization from Playbug Toys.
- Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.
Intellectual Property Rights
Disclaimers of Warranties and Limitations on Liability
Playbug Toys has endeavored to ensure that all the information on the Website is correct, but Playbug Toys neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Playbug Toys be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Playbug Toys be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Playbug Toys shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Playbug Toys control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
In no event shall Asda Creatives, its shareholders, directors, officers, or employees be liable (jointly or severally) to this web site members for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of our Web site, its contents or our service, including any features associated therewith. In no event shall our total liability to the member for all damages for losses arising from the use or inability to use our Website, its contents or our service, including any features associated therewith exceed the amount of latest order placed on Playbug website.
Use of Information Submitted
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including, without limitation, responses to questionnaires or through postings to our Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note we do not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us.
Links to Other Sites
Some of the hyperlinks and banners on our Web site may lead to other Web sites that are not controlled by, or affiliated with, Playbug Toys. In addition, other Web sites may link to our Web site too. We have not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites. Our Web site contains links to sites operated by third parties whose policies regarding the handling of personal information may differ from ours. While we endeavor to associate with reputable sites, we cannot be responsible for the information handling practices of these other sites.
C. Privacy – Collection and Use of Information
We keep track of the subscriber interactions with us, including but not limited to the subscriber site activity, toy selections, payment history and correspondence. We use this information for such purposes as personalizing the site to better reflect particular interests, helping us quickly and efficiently respond to inquiries and requests and otherwise enhancing our service offering for our customers. We may also disclose and otherwise use, on an anonymous basis, toy ratings, consumption habits, commentary, reviews and other non-personal information about customers. When the subscriber register or re-register at our Web site, we ask the subscriber to supply us with personal information so that we can provide, enhance and personalize our services and marketing efforts. For similar reasons, we may supplement the personal information the subscriber provide with publicly available information about the subscriber. We use this personal information to process the subscriber registration, the subscriber orders and the subscriber payments, and to communicate with the subscriber on these and other topics. We also use the subscriber e-mail address to send the subscriber newsletters, as well as messages about ˜Playbug™” promotional announcements and consumer surveys. Occasionally, we may send these materials to the subscriber via postal mail, using the shipping address provided. Our Shipments that contain the toys the subscriber ordered may also contain promotional items or advertisements. Please note that the subscriber cannot unsubscribe from certain correspondence from us, including messages relating to the subscriber account transactions.
Collection and Use of Information
We keep track of your interactions with us, including but not limited to your site activity, toy selections, payment history and correspondence. We use this information for such purposes as personalizing the ˜Playbug” site to better reflect particular interests, helping us quickly and efficiently respond to inquiries and requests and otherwise enhancing our service offering for our customers. We may also disclose and otherwise use, on an anonymous basis, toy ratings, consumption habits, commentary, reviews and other non-personal information about customers.
Member Age Requirement
Limitations on Use The subscriber must be 18 years of age or older to use Playbug website. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on our Web site is for member’s personal and non-commercial use.
Viewing and Updating Your Information on the Website
You are responsible for updating and maintaining the truth and accuracy of the personal information you provide to us relating to your account. If you want to update your contact information, you should do so by on the Website by clicking “My Account”, select what type of change you wish to make and follow the prompts.
Disclosure of Personal Information