Terms Of Use

Last Updated on 26^th September 2024

 

TERMS & CONDITIONS

EMoMee Entertainment Private Limited, a company incorporated under the Companies Act, 2013 (hereinafter referred to as “Company”) and having its registered office at  Unit No. 1601, Morya Grand, Off Link Road, Andheri West, Mumbai – 400 053, Maharashtra. In using the website www.emomee.com (“Website”), owned and operated by the Company, you are deemed to have accepted the “Terms of Use” of the agreement listed below or as may be revised from time to time, and you understand and agree that you are bound by such terms as long as you access this Website. This agreement for the “Terms of Use” of the Company’s Website (hereinafter referred to as “Agreement”) describes certain terms and conditions to access and use of the Website of the Company by a visitor or a registered user (hereinafter referred to as the “End User”, “You” or “Your”) in order to order products listed on the Website, view and access educational content, join communities with other End Users on the Website, and/or access or use any other services offered on the Website (“Services”).

1. ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use carefully. By accessing this Website you agree to be bound by the terms and conditions below. The Company reserves the right to alter, amend and modify these terms and conditions at its sole discretion. Please check the Terms of Use and any guidelines periodically for changes that are made after You open Your account.  Your continued use of the Services after the posting of changes constitutes Your binding acceptance of such changes. If You are not agreeable to the terms and conditions, we request You not to access this Website.

You expressly agree to be bound by this Agreement, irrespective of whether You are a registered member or a visitor, by using the information, tools, features and functionality located on this Website. As such, You agree to be bound by the terms and conditions detailed herein.

The Services are not available to: (a) any End Users previously suspended or removed from the Website by the Company, or (b) any persons under the age of 18, whose registration has not been approved by a parent or legal guardian. In the event that You are not legally permitted to enter into a contract or are, for some reason, either due to Your age or any other reason not permitted to enter into an Agreement, then You are not permitted to utilise the Services provided by this Website or enter into this Agreement. In the alternative, You could utilise the Services under parental supervision. Your acceptance of this Agreement and utilisation of Services implies that You expressly and implicitly represent to the Company that You are of the legal contracting age or operating under parental supervision and nothing will invalidate this Agreement. The Company has the right to bind You and/or your parents to this Agreement. The Company, in its sole discretion, may accept or reject Your offer for purchase of the products, or use of the Services, which cannot be contested by You.

In the event that You are representing certain individual/s, company/ies, third parties or any entities, in any capacity, then You expressly confirm that You have the valid authority and the right to do so for and on behalf of them. By entering into this Agreement, You state that You have the right to bind such individual/s, company/ies, third parties or any entities to this Agreement.

2. YOUR OBLIGATION AND COVENANTS

You warrant, represent and agree that (i) You possess all rights necessary to upload/post any content shared by You and grant Company the necessary rights under this Agreement;  (ii) You will comply with all applicable laws in connection with Your use of the Service; (iii) all information provided by You including your contact details, name and address, bank or credit card details are Yours and authentic and there is no misrepresentation or fraudulent act at Your end; (iv) before placing an order, You will check the product description carefully, and by placing an order for a product, You agree to be bound by the conditions of sale included in the item's description; (v) use the Services in any manner that infringes, violates or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; and (vi) jeopardizes the security of Your account or the Services in any way, such as allowing someone else access to Your account or password or uploading/posting any content that contains viruses.

5. ORDER FOR AND SUPPLY OF SERVICES

• You will have to submit Your order for the purchase of a product or any other Service as detailed in the Website.
• Once the order is submitted, it expresses intention to purchase the product and the same may not be cancelled, except as provided under the Cancellation and Refund Policy.
• Based on the information provided by You and subject to the Company’s verification of the same, the orders will be accepted by the Company for processing.
• All orders will be processed once the Company receives the payment for the product and/or any other Services.
• All orders will be confirmed via e-mail, SMS, and/or WhatsApp.
• The Company will use its best efforts to ensure that an order placed by You is successfully processed, subject to the availability of the product/s.

6. PRICING AND PAYMENT

• The prices for the Services are described on the Website and are incorporated into these terms by reference. All prices are in Indian Rupees. The prices, products and Services are subject to change at the Company’s discretion.
• The Company will use its best efforts to ensure the accuracy of the prices and price-related information stated on the Website. However, in case of any discrepancy, the Company's decision will be final.
• The Company accepts the following forms of payment: Online payment via credit card, debit card, net banking or UPI.
• You agree, understand, confirm and state that the card details provided by You to transact on the Website will be correct, accurate and is owned by You. In the event that You use a card belonging to any third party, then You confirm that you have been authorised to or expressly permitted by said third party to use the card for making payments.
• The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the End User and the onus to ‘prove otherwise’ shall be exclusively on the End User.

7. RETURN, CANCELLATION & REFUND

• The Company expressly disclaims any guarantee of exactness as to the finish and appearance of the final product/s and/or Services as ordered by You based on the display on the Website. There may be alteration with respect to your order. This will be intimated to you by the Company. If you do not agree with the same, the Company will provide you with an opportunity to either receive a full refund or a credit note, as applicable.
• Title and risk of loss for all product/s ordered by You shall pass on to You upon the Company’s shipment to the shipping carrier.
• The Company will communicate the dispatch details to You and will ship the product/s to the mailing address provided by You while placing the order. If you do not receive the product/s within a reasonable period of time, You should immediately notify the Company.
• You have an obligation to forthwith check the product/s for accuracy upon receipt of the same.
• The Company reserves the right to cancel an order in case the order request is not acceptable to the Company. Upon such cancellation, the Company will refund the money to You. Any such cancellation shall be at the sole discretion of the Company and You will have no right to contest the same. The reasons for cancellation could be due to non-availability of the product/s, accuracy in product or pricing information, or due to reasons of any fraud or wrong usage of the payment mechanism adopted by You. Any cancellation will be intimated to You by the Company.
• Please refer here for the Company's Cancellation and Refund Policy.

8. LINKS TO THIRD PARTY SITES

As part of the availing of Services, You as a user will provide us Your personal information either to retrieve or collect data or information from third party websites. Such third party websites may be maintained by such financial institutions with whom You have an account, bank with or have created certain liabilities. The Company does not and cannot assume any responsibility for or the accuracy of such information or data maintained by such third parties, either in terms of accuracy, deletion, non-delivery or failure to store data, communications, etc. The Website may provide, or third parties may provide, or the Website may contain links to other internet sites or resources. The responsibility for the operation and content of those websites shall rest solely with the organisation identified as controlling the third party website and will be governed by separate terms and conditions. Links are provided for convenience, and inclusion of any link does not imply endorsement in any way of the site to which it links.

Because the Company has no control over such sites and resources, You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. REGISTRATION AND USE

You agree and understand that You are responsible for maintaining the confidentiality of all information provided to the Company while registering Yourself, which includes Your login ID, e-mail address and the passwords for the same. You are fully responsible for all activities that occur under Your account on the Website and You shall ensure that You exit from Your account at the end of each session.

The Company will send all correspondences, notices and any other communication to the e-mail address furnished by You. In case of any change in the said e-mail address, it is Your duty to update or change the same.

The Company shall maintain utmost secrecy and use all the security measures to ensure that the information is not misused by any third party. In the event of Your becoming aware of any unauthorised use or misuse of the information provided by You to the Company, You are requested to forthwith contact the Company at hello@emomee.com. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

10. LEGAL USES

Further, You agree and understand that Your right to access and use the Services offered on this Website are personal to You and are not transferable by You to any other person or entity.

You understand that You are authorised to access and use the Services only for legal and lawful purposes.

You further undertake and state that by using the Services, You are in no way impersonating or misrepresenting any person or entity. All Services availed of are for Yourself only. In the event that You are representing individual/s, company/ies, third parties or any entities, You undertake and state that You are authorised to represent such individual/s, company/ies, third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and the Company shall not be held responsible or liable in any way to any person or entity.

Your access and use of this Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that the Website, in its sole discretion, may elect to take. We at the Company utilise our best efforts to provide Services without any interruptions or hindrance; however, we do not warrant that the function, operation, security or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As an End User of the Website, You agree that Your access/use of the Services will be subject to these terms and conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the Website.

12. COMMUNICATION

The Company may send You communication, notices or alerts from time to time. These alerts and communication will be sent automatically by the Company to You. Please be informed that by providing your e-mail ID and phone number on the Website or via specific events organised by the Company, you have agreed to receive e-mail updates and SMS communication from us that is transactional, promotional and informational in nature. In case You have suppressed the receipt or disabled or marked alerts or communication in general to be junked, the Company recommends that You revise the same and activate the receipt of alerts to Your proper destination. As such any communication from our end will be related to the Services and you may choose to unsubscribe and/or disable the communication at your own will.

Changes to Your e-mail address will apply to all of Your alerts. Any e-mail which is sent by the Company or through any of the websites mentioned above, its contents and attachments, if any, are intended solely for the attention of the addressee/s and may also be privileged. If You are not the addressee, You may not copy, forward, disclose any part of any message received or its attachments and if You receive a message in error, please delete said message from Your system and notify us immediately. You agree and acknowledge that internet communications cannot be guaranteed to be secure or error-free. Any information sent via the internet could be intercepted, corrupted, lost or contain viruses. The Company and the Website therefore does not accept responsibility for any errors or omissions in messages received by You, which may arise as a result of internet transmission.

13. RIGHTS GRANTED BY YOU

As the provision of Services includes You providing us with information, data, passwords, usernames, personal identification numbers and other materials and content, suggestions, ideas, feedback, etc, You are hereby expressly granting us the license and right to utilise the same for and on Your behalf in order to provide the Services.

The Company may or will use such information with the sole purpose for providing You with the required Services and not for any other purpose. As such, You hereby warrant and represent that You are duly authorised to submit or represent the third party on behalf of whom You are providing this information to the Company. Further to that, You acknowledge and agree that these materials, suggestions, feedback and information can be utilised without any obligation or restriction on the Company in terms of payment of fee or any other limitations for marketing, promotion, advertising or other purposes.

14. INTELLECTUAL PROPERTY

You acknowledge and agree that this Website and any necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorised by the Company, You agree not to modify, licence, rent, lease, loan, sell, distribute or create derivative works based on this Website, the Services offered thereto or any software thereto, in whole or in part. You acknowledge that the entire Website and its contents, including the software, are owned or duly licensed to the Company and are protected by the laws in India and under international treaty provisions. All trademarks, service marks, and logos used and displayed on this website are registered to and/or owned by their respective owners. Nothing on this Company Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the Website, without the prior written consent and permission of the Company or the respective owners.

You may download or print a copy of information provided on this Website for Your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.

15. PROHIBITED ACTIVITIES

You agree not to do to the following:

• Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Impersonate any person or entity, including, but not limited to, officials, directors, employees, agents, authorised representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the site;
• Collect or store personal data about other End Users;
• Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
• Intentionally or unintentionally violate any applicable local, state, national or international law;
• Upload, post, e-mail, transmit or otherwise make available 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;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those specific areas that may be designated for such purpose of posting such mails or messages by the Company;
• Use any robot, spider, scraper, deep link or other similar automated data-gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor this Website, either in whole or in part;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website, other than the search engines and search agents available through the service and other than generally available third-party web browsers;
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of this Website or the service;
• Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
• You may not interfere with other End Users' use of the service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of this Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the service infrastructure or that negatively affects the availability of the service to others. You agree that any employment or other relationship You form or attempt to form with an employer, employee, or contractor whom You contact through areas of this Website that may be designated for that purpose is between You and that employer, employee, or contractor alone, and not with us.

16. DISCLAIMER

The information contained in this Website is for general information purposes only. The information is provided by the Company and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, Services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.

Through this Website you are able to link to other Websites which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. Every effort is made to keep the Website up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.

The Company, to the best of its knowledge, has displayed or attempts to display on the Website as accurately as is possible, colours of all products that are displayed on the Website. However, the colours visible to You is solely dependent on Your monitor. Hence, no guarantee is provided by the Company regarding Your visibility of the colours on the Website. The Company does not provide any warranty or guarantee that the product descriptions are accurate, complete, reliable, current, or error-free. The Company offers a large selection of toys and games along with information which will inform and guide You to make the purchase.

17. INDEMNITY

You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all loss, damages, claims and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to any breach of this Agreement by You, any misrepresentation or misuse of the service offered to You or any negligent or unreasonable or inappropriate use of the Website or the Services.

In addition to all other remedies available under the law and equity, and as detailed under this Agreement, the Company reserves the right to recover the cost of product/s, collection charges, attorney’s charges etc, from an End User using the Website fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms of Use.

18. TERMINATION

This Agreement to be applicable and shall be binding on the parties, i.e., You and the Company, unless terminated as specified below:

• Closure of Your account by the Company or You for any reason, immediately;
• The Company may terminate this Agreement and close Your account if it comes to the knowledge of the Company that You have breached any of these terms and conditions, whether intentionally or by implication; or
• The Company may terminate the Agreement, if it is so required by an express direction of law or by an order of a court having competent jurisdiction.
• All termination notices have to be forwarded to the following address: Unit No. 1601, Morya Grand, Off Link Road, Andheri West, Mumbai – 400 053, Maharashtra.

19. JURISDICTION

This Agreement shall be as per the laws of India. The courts in Mumbai shall have the sole jurisdiction regarding the subject matter of this Agreement.

20. MISCELLANEOUS

• The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
• Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any way.
• To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
• Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
• This Agreement may only be amended by either the same electronic means as were used to enter into this Agreement or in a writing that specifically refers to this Agreement, executed by both parties hereto.