Zephyr Toymakers Private Limited (“We”/”Our”/”Us”) has provided this Terms and Conditions (“Terms”) to help you understand the terms and conditions which governs the access and/or use of Our website www.zephyrtoys.com and mobile application (“Platform”) and/or Platform Service (morefully enumerated hereunder) by its customers (“You”/“Your”/“User”). We advise You to read and understand the Terms carefully prior to providing Your consent to the Terms.

1. PLATFORM SERVICES
   1. As a part of Platform Service, You may purchase the product displayed on the Platform directly from Us through the Platform and upon successfully concluding the purchase transaction,We shall deliver the product at the delivery address specified by You(“Platform Service”).As a part of the Platform Service, We may provide You with such particulars about the products as may, in our opinion, assist You in making informed decision about the product.Although an endeavour shall be made by Us to provide You with an updated information about the product, We cannot be held responsible for any default in providing You with an updated information about the products.
   2. The price of the product and the overall cost of providing the Platform Services (“Charges”) shall be solely determined by Us andall suchCharges are generally notified to You at the time of availing Platform Services.All such Charges may be subjecttosuch escalation or discounting, as We may determine appropriate and necessary.
   3. We reserve the right to refrain from delivering the product to any particular city, region or geography. In which event, We may not even accept Your offer to purchase Our product onthe Platform.
2. CONSENT TO TERMS
   1. Your access to the Platform and/or utilisation of the Platform Service offered by Us and acceptance of these Terms indicate Your unequivocal consent to be bound by the conditions enumerated in this Terms, along with any amendment made by Us to the Terms, at Our sole and absolute discretion.
   2. In the light of above specified conditions, We reserve unequivocal right to change, alter, modify, amend or revise these Terms. It is Your sole and exclusive responsibility to check for updates regarding any such change, alteration, modification, amendment or revision to the Terms. Your continued access and/or use of Our Platform and any Platform Services offered through the Platform shall imply Your unequivocal consent and acceptance to such changed, modified, amended or revised Terms.
3. ELIGIBILITY
   1. In order to access and/or use the Platform/Platform Services, it is essential that
      1. You are not a minor as per the law applicable to You; and/or
      2. You are not subjected to any legal disability, by virtue of which, You are incapacitated to enter into this contractual relationship with Us.
   2. In the event that You are a minor or are subjected to any legal disability, You agree and accept to access and/or use the Platform/Platform Service only with the consent of a person who holds parental responsibility over You.
   3. In this regard, We may require You to provide certain information or perform certain act which may help Us in verifying Your age or presence of any legal disability affecting Your ability to enter into this contractual relationship with Us. You agree to extend Your complete assistance and cooperation in this regard and share true and full information.
   4. In defiance of above requirement, if You notice a minor or a person with any legal disability accessing and/or using the Platform/Platform Service, You undertake to immediately notify Us. We may, in such event, take such steps that We think appropriate and necessary to protect Our interest and the interest of such person, including denyingaccess to the Platform/ Platform Service.
   5. Additionally, We reserve the right to refuse Your access to the Platform/Platform Service, at any time, without furnishing You any justification for such refusal.
4. USER ACCOUNT
   1. In order to avail the Platform Service, You will have to create an account with Us on the Platform. For the purpose of creating an account, You may be required to furnish certain particulars about You.
   2. While creating an account with Us, You agree and accept to provide Us with true, accurate and updated information. If there is any change in the information furnished to Us, You will be responsible to promptly and immediately notify Us of any such change.
   3. If any informationfurnished by You is untrue, inaccurate, incomplete or not updated then, We reserve the right to suspend or terminate Your account with Us. Additionally, We may, at Our discretion, exercise all or any right available to Us against You, at law or in equity.
   4. You shall be solely responsible for the activities that take place through Your account. In this regard, You are expressly prohibited
      1. from carrying on any illegal activities;
      2. activities that harm Our interest; or
      3. activities that are not otherwise warranted to be undertaken by You as per the Terms.
   5. You are required to maintain confidentiality of particulars relating to access to Your account. We cannot be held responsible in any manner for any default on Your part to maintain confidentiality of Your account access particulars. If You notice any unauthorised access of Your account particulars, You are obligated to immediately notify Us. Although We may assist You in safely retrieving Your account, however, We cannot be held responsible for unauthorised access or continued unauthorised access of Your account.
   6. You are prohibited from using other person’s account for accessing thePlatform Service.You are also prohibited from permitting other person to utilise Your account for accessing the Platform Service. In this regard, You are prohibited from transferring Your account to other person or impersonating as any other person for the purpose of creating an account with Us on the Platform.
5. PAYMENT FOR PLATFORM SERVICE
   1. All the payment for the Platform Service shall be made on the Platform. For the purpose of facilitating You to make payment, We may use the services of certain third party vendors and service providers. Therefore, We cannot be held responsible or liable in any manner for the actions or inactions of such third party vendors and service providers including but not limited to handling certain information shared by You to such third party vendors.
   2. Upon succession completion of the payment transaction, such third party vendors and service providers may provide You with a payment receipt and a transaction summary and the same may be made available to You on the Platform and/or to Your registered email address.
   3. We cannot be held responsible or liable for any unauthorised transaction concluded on Our Platform using Your payment credentials.
6. LICENSE TO ACCESS
   1. We hereby grant upon You a limited, non – exclusive, non–transferable, non – assignable and revocable license (“Limited License”) to access and utilise the Platform/Platform Service.
   2. However, the grant of Limited License is subject to
      1. Your compliance with all the conditions imposed in the Terms and
      2. Your compliance with all the provisions under the applicable law.
   3. You are permitted to utilise the Limited License only for the purpose of accessing and/or utilising the Platform/Platform Service solely for personal and internal purpose alone and not for the purpose of re-sale.
7. CONDITIONS FOR ACCESS
   1. While accessing or utilising Our Platform/Platform Service
      1. You undertake to refrain from defaming, abusing, threatening or otherwise violating in any manner any third person’s right.
      2. You undertake to refrain from publishing, posting, uploading, disseminating, reproducing or distributing any content on the Platform, without obtaining Our prior written authorisation.
      3. You undertake to refrain from uploading or distributing files that contain virus, corrupted files, malwares or other similar software or program that may damage the Platform or other User’s system.
      4. You undertake to refrain from engaging in any activity that disrupts access to the Platform/Platform Services.
      5. You undertake to refrain from doing any act that amounts to soliciting Our customers to prevent them from using the Platform Service and/or in alternate avail any competitive service.
      6. You undertake to refrain from utilising the Platform for promoting or undertaking any illegal activity.
      7. You undertake to refrain from reverse engineering, duplicating, replicating, tampering, modifying, copying, distributing, transmitting, displaying, or otherwise dealing in any manner with the Platform, Platform Service or product sold through Platform that shall adversely affect Our right and interest.
8. ADVERTISEMENT AND THIRD PARTY CONTENT
   1. When You access the Platform, You may be exposed to certain advertisements and/or third party content. Such advertisements and/or third party content solely belong to such third parties and We are not to be held liable in any manner for such advertisement and/or third party content.
   2. Such third party content and/or advertisements are maintained by third parties and access to the same is regulated by terms and condition and/or privacy policy designed by such third party. The presence of such advertisement and/or third party content on the Platform does not in any manner imply Our endorsement to access, utilise or otherwise rely on the same.
   3. Your access, utilisation or reliance on such advertisements and/or third party content is solely at Your risk and responsibility. We cannot be held responsible or liable for any transaction undertaken by You with any such third party.
9. INTELLECTUAL PROPERTY RIGHTS
   1. All the text, videos, graphics, user interface, product, visual interface, sounds and music, artwork and computer code on the Platform is solely and exclusively owned by Us and is protected as Our intellectual property right.
   2. Your access, utilisation or any transaction on Our Platform does not grant upon You any right over any content on the Platform.
   3. The trademark, service mark and logos displayed on the Platform solely and exclusively belongs to Us. Your access, utilisation, Limited License or any transaction undertaken on the Platform does not entitle You any right to utilise the trademark, service mark and logos, without first obtaining Our prior explicit written consent.
   4. You undertake to refrain from removing any trademark, service mark, logo or other such identity mark displayed on the product belonging to Us.
   5. If You are of the opinion that the Platform, Platform Service and any content thereon violate Your or any third party’s intellectual property right, You shall duly intimate Usin writing at feedback@ztpl.in .Upon receipt of any such intimation, We assure You that We shall undertake all reasonable measures to remove the infringing content from Our Platform upon conducting an enquiry. However, any frivolous claims by You may result in termination of Your access to Platform and/or utilisation of Platform Service.
   6. If You notice any infringement of Our intellectual property right, You undertake to duly intimate Us.
10. WARRANTIES
    1. You agree and understand that to the extent permitted by applicable law, the Platform, Platform Service and all the content thereon are provided by Us on “as is” basis. We do not extend any warranty, express or implied, as to its title, merchantability or fitness for a particular purpose.
    2. You agree and understand that to the extent permitted by applicable law, We do not extend any warranty as to uninterrupted, timely, secure or error-free access or utilisation of Our Platform and/or Platform Services. Further, We disclaim any liability for non – availability of the Platform during periodic maintenance or any unplanned suspension of access to the Platform due to any factor that is beyond Our control.
    3. We will not be held liable, in any manner, for any loss that You may incur as a result of unauthorised access of Your account.
    4. We also disclaim all liability with respect to misuse, loss, untrue, modification or unavailability of any content.
    5. Although We have endeavoured to ensure the quality, accuracy and/or completeness of data or information provided by Us on the Platform, We cannot be held liable in any manner for any breach of this representation.
11. INDEMNIFICATION
    1. You agree to indemnify and keep us indemnified for any loss, liability, claim, damages or actions in connection breach or non – performance of any obligation, representation,warranties and/or covenant made by You under this Terms.
    2. In no event shall We be held liable to You or any third party for any special, incidental, indirect, punitive or consequential damage whatsoever, including but not limited to damage to the Product during transit or such other loss that You may incur.
12. TERMINATION
    1. Your continued access of Our Platform and/or Platform Service shall be subject to conditions imposed by these Terms. If you have any reservation with respect to any condition imposed herein or discontented with Platform and/or Platform Service, then You may terminate the agreement by
       1. refraining from accessing or utilising Our Platform; or
       2. by closing down/deleting Your account with Us on the Platform
    2. We reserve the right to unilaterally terminate any relationship with You, without furnishing any reason. In such circumstance, You shall not be entitled to access Your account with Us. We may, at Our sole discretion, perform any obligation to render Platform Service incurred by Us prior to such termination.
13. GENERAL PROVISION
    1. Entire Terms: This Terms constitutes and governs the entire relationship between You and Us and supersedes any prior arrangement, agreement or understanding between You and Us.
    2. Waiver: Any delay in exercising any right or enforcement of any provision by Us, shall not be construed as waiver of right or enforcement of any provision.
    3. Severability: If any clause or part of a clause is declared as illegal or unenforceable, then it does not affect the enforceability of the remaining clause or part of the clause.
    4. Governing Law and Dispute Resolution: This Terms shall be governed by and construed in accordance with laws prevailing in Republic of India. All dispute arising out of or under this Terms shall also be resolved in accordance with laws prevailing in Republic of India and the courts of Mumbai shall have jurisdiction over such disputes.

Contact:
A-421, T.T.C Industrial Area, MIDC., Mahape, Navi Mumbai-400710.
Tel: 022 2778 0605 / 2778 2484 / 85
Mob:- 8425842668
feedback@ztpl.in