Last updated in Jan 2025

Terms and conditions

Terms of use

Thank you, for using Toybulk.

For your information: “TOYBULK Private Limited”, is a company incorporated under the Companies Act, 2013 with its registered office at Second Floor, 105-B, Street No 4, Delgi-110018, New Delhi (hereinafter referred as “We”/ “Toybulk”/ “Us”/ “Our”).

For abundant clarity, Toybulk and/ or the trademark "Toybulk" are neither related, linked or interconnected in whatsoever manner or nature, to “TOYBULK.COM” (which is a real estate services business operated by “Redstone Consultancy Services Private Limited”). 

The terms and conditions/ terms of use ("Terms") governing the Toybulk Platform (defined later) and the Services (defined later) follow:  

Acceptance of terms

These Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Toybulk’s website www.Toybulk.com ("Site") and/or any related mobile or software applications (collectively referred to as, “Toybulk Platform”) including but not limited to the services offered by Toybulk via the Toybulk Platform or otherwise ("Services").

Your use/ access of the Toybulk Platform shall be governed by these Terms and the Privacy Policy of Toybulk as available at https://Toybulk.com/privacy (“Privacy Policy”). By accessing the Toybulk Platform and/ or undertaking any sale-purchase transaction, you agree to be bound by the Terms including any additional terms and conditions and policies referenced herein and/or available by hyperlink on the Toybulk Platform and acknowledge that it constitutes an agreement between you and Toybulk. You may not access the Toybulk Platform and use the Services if you do not accept the Terms or are unable to be bound by the Terms/ the Privacy Policy.

These Terms may be updated from time to time by Toybulk without notice. It is therefore strongly recommended that you review these Terms, as available on the Toybulk Platform, each time you access and/or use the Toybulk Platform. In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Toybulk Platform, these Terms will prevail.

The terms ‘visitor(s)’, ‘user(s)’, ‘you’, ‘your’, ‘customer(s)’ hereunder refer to the person visiting, accessing, viewing, browsing through and/or using the Toybulk Platform at any point in time.

Should you need any clarifications regarding the Terms, please do write to us at info@Toybulk.com

Services overview

·         Toybulk Platform is a platform for consumers to transact with third party sellers, who offering products/services for sale through the Toybulk Platform. For abundant clarity, Toybulk does not provide any services to users other than providing the Toybulk Platform as a platform to transact at their own cost and risk, and other services as may be specifically notified in writing. Services on the Toybulk Platform are available to only select geographies in India.

·         Toybulk is not and cannot be a party to any transaction between you and the third party sellers, or have any control, involvement or influence over the products purchased/services availed by you from such third party sellers (including the prices of such products/services charged by such third-party sellers). Toybulk therefore disclaims all warranties and liabilities associated with any products/services offered on the Toybulk Platform.

Eligibility

·         Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undercharged insolvent etc. are not eligible to use/access the Toybulk Platform. However, if you are a minor, i.e. under the age of 18 years, you may use/access the Toybulk Platform under the supervision of an adult parent or legal guardian “competent to contract” who agrees to be bound by these Terms. You are however prohibited (even under supervision) from purchasing any product(s) which is for adult consumption or the sale of which to minors is prohibited, including any tobacco products.

·         Toybulk Platform is intended to be a platform for end-consumers desirous of purchasing product(s)/availing services for domestic / self-consumption. If you are a retailer, institution, wholesaler or any other business to business user, you are not eligible to use the Toybulk Platform.

·         In order to determine compliance with eligibility criteria, Toybulk uses inter alia algorithms and/or pre-determined criteria-based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine user of the Toybulk Platform, please contact us for assistance.

·         If you are using the Toybulk Platform on behalf of any person/ entity, you represent and warrant that you are authorized to accept these Terms on behalf of such person/ entity. Further, you and such person/ entity agree to be jointly, severally liable and indemnify us for violations of these Terms.

Account & Registration Obligations

·         All users must register and log in for placing orders on the Toybulk Platform. You must keep your account and registration details current and correct for all communications related to your purchases from the Toybulk Platform. By agreeing to the Terms, you agree to receive promotional, transactional or other communications, and newsletters from Toybulk and its group companies/ affiliates. You can opt out from such communications and/or newsletters by using the opt out options as available in such communications. You can also change your notification preferences as available in your profile section of Toybulk Platform. 

·         When you access and use the Toybulk Platform, Toybulk may collect your personally identifiable information, including but not limited to name, email address, age, address, mobile phone number, and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) preferences and information about the pages on the Toybulk Platform you visit/access, the links you click on the Toybulk Platform, the number of times you access a particular page/feature. We may also collect information pertaining to the transactions you undertake on the Toybulk Platform including financial information, and any other such information as may be required to provide you with services and to administer the Toybulk Platform. Personal data and identifiable Information so collected will be subject to Toybulk’s Privacy Policy. 

·         By registering your mobile number with us, you provide your consent to be contacted by us or through a third party service provider via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery or customer support related updates or for other correspondence as may be required in due course of provision of our Services.

Limited License & access

·         Subject to the provisions set out in these Terms, Toybulk grants you a personal, limited, non-exclusive, non-transferable and revocable license to access (for personal use only) the Toybulk Platform and avail the Services, only as expressly permitted in these Terms. Provided that you shall not download (other than page caching) or modify any portion thereof, except with express prior written consent of Toybulk. Such limited license does not include/permit any resale or commercial use of the Toybulk Platform or its contents; any collection, use or derivative use of the Toybulk Platform, its contents, any product listings, descriptions, or prices; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools.

·         You hereby agree and undertake not to use, host, display, upload, modify, publish, transmit, update or share any information/ content/ message/ language/ document (including pursuant to gifting services/ printing services/ orders to be delivered to someone else-3rd party recipients/ messages to be delivered along with the order) (whether in writing or otherwise while communicating on the Toybulk Platform including but not limited to communicating with our support agents or delivery partners, through any medium) which (“Prohibited Conduct”):

·         Belongs to another person and to which you do not have any right or full rights;

·         Is harmful, threatening, abusive, indecent, discriminatory, tortious, vulgar, profane, harassing, blasphemous, defamatory, problematic, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise offensive, objectionable, menacing, inappropriate or unlawful in any manner whatever; 

·         Contains material that violates the standards of the Services;

·         Accuses others of illegal activity, or describes physical confrontations;

·         Attempts to impersonate another person or entity;

·         Disguises or attempts to disguise the origin of your messages, content, including but not limited to by: (a) submitting your content under a false name or false pretences; or (b) disguising or attempting to disguise the IP address from which your content is submitted;

·         Harms minors in any way;

·         Infringes any patent, trademark, copyright or another proprietary/intellectual property right;

·         Violates any applicable law and/ or may result in a civil/ criminal liability;

·         Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

·         Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

·         Is misleading or known to be false in any way; and/ or

·         Attempts to do any of the foregoing.

·         You acknowledge that Toybulk has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

·         Any and all liability arising out of or relating to violation of these Terms including in relation to the aforesaid information/ content/ message is your sole and absolute responsibility, and not of Toybulk.

·         Toybulk Platform or any portion of the Toybulk Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Toybulk. 

·         You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Toybulk Platform or of Toybulk and/or its group companies/ affiliates without the express prior written consent of Toybulk.

·         You may not use any meta tags or any other “hidden text” utilizing Toybulk’s name or trademarks without the express prior written consent of Toybulk.

·         You shall not attempt to gain unauthorized access to any portion or feature of the Toybulk Platform, or any other systems or networks connected to the Toybulk Platform or to any server, computer, network, or to any of the services offered on or through the Toybulk Platform, by hacking, ‘password mining’ or any other illegitimate means.

·         Any unauthorized use shall automatically terminate the permission or license granted by Toybulk determined at Toybulk’s sole discretion.

Advertising

·         Part of the website may contain advertising information or promotional material or other material submitted to Toybulk by third parties/ brands or customers. Responsibility for ensuring that material submitted for inclusion on the Toybulk Platform complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers (other than Toybulk) found on or through the Toybulk Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Toybulk will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Toybulk Platform.

·         For any information related to a charitable campaign ("Charitable Campaign") sent to customers and/or displayed on the Toybulk Platform where customers have an option to donate money by way of (a) payment on a third party website; or (b) depositing funds to a third party bank account, Toybulk is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. Toybulk does not accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable Campaign. Information related to the Charitable Campaign is displayed for informational purposes only and the customers are advised to do an independent verification before taking any action in this regard.  

·         As part of the advertising/ marketing/ visibility campaigns, brands/ advertisers / sponsors may run banner contents/ sampling schemes/ contests/ flyers distributions/ other such promotional campaigns on/ via the Toybulk Platform/ Toybulk. Notwithstanding anything to the contrary, You agree that to the fullest extent permitted under law, Toybulk shall not have any liability in relation to such campaigns (including contests/ contest rewards), which shall be a bipartite arrangement between you and the brands/ advertisers / sponsors, including with respect to fulfillment of obligations as specified thereunder. Participation in such campaigns, accessing any embedded third party link, scanning codes and/ or availing services pursuant to such campaigns shall be at your own risk and additionally, be governed by the terms and conditions of the campaigns and of the relevant brands/ advertisers / sponsors. Toybulk makes no representation or warranty of any kind, either express or implied, with respect to the campaigns (including contest / contest rewards). The brand/ advertiser/ sponsor shall be solely responsible for fulfilment thereto. 

Disclaimers

·         You acknowledge and undertake that you are accessing the Services on the Toybulk Platform and transacting at your own risk and are using your best and prudent judgments before entering into any transactions. Toybulk makes best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, as the same are representative, the actual color, size, shape and appearance may have variations from the depiction on your mobile/computer/ display screen.

·         Toybulk does not make any representation or warranties in respect of the products (including digital goods) available on the Toybulk Platform nor does Toybulk implicitly or explicitly support or endorse the sale or purchase of any such products on the Toybulk Platform, including relating to availability, usability, redemption or acceptance of such products on any other platform. Toybulk accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Toybulk Platform or otherwise. To clarify, the terms and conditions of the third party seller/ issuer/ brand of products (including digital goods such as softwares/ gift cards/ vouchers) shall apply to you in addition to these Terms.

·         You acknowledge and agree that Toybulk shall not, at any time, have any ownership, control, and/or title to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant third party seller. Toybulk does not have any control over the quality, merchantability and fitness for a particular purpose, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock or unavailable. 

Delivery Partners

·         We facilitate delivery of orders placed on the Toybulk Platform through independent contractors, i.e. delivery partners, on a principal-to-principal basis. For abundant clarity, the delivery partners are neither employees nor agents of Toybulk, and they are purely associated with Toybulk as independent service providers on a principal-to-principal basis and are not exclusively bound by Toybulk to provide delivery services at any given point. To clarify, there exists no principal – agent relation between Toybulk and the delivery partner, and as such, Toybulk, in no case whatsoever, can be held liable for the act(s)/ omission(s) of the delivery partner.

·         You are expected to respect the dignity and diversity of delivery partners and also enable provision of a secure and fearless gig/ platform work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards delivery partners. We reserve the right to withhold your access to the Toybulk Platform and otherwise limit your access to the Toybulk Platform at our absolute discretion if you behave with a delivery partner in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful. You are expected to treat all delivery partners with courtesy and respect. The consequences of any such inappropriate action of yours, including claims made/ compensation claimed by any delivery partner, shall be to your account entirely.

Reviews, Feedback, Submissions

·         All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Toybulk Platform or otherwise disclosed, published, submitted or offered in connection with use of the Toybulk Platform/Services (collectively, the “Comments”) shall be and remain the property of Toybulk. In consideration of availing the Services on the Toybulk Platform and by submitting your Comments, you hereby irrevocably grant Toybulk and its group companies/ affiliates a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use your Comments and all intellectual property rights therein for any purpose including advertisements and marketing. 

·         Toybulk will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction. Toybulk is and shall be under no obligation to: (a) maintain any Comments in confidence; or (b) pay compensation for any Comments or use of any Comments; or (c) respond to any Comments. You agree that any Comments submitted by you on the Toybulk Platform will not violate the Terms or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Toybulk Platform will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. Toybulk does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Toybulk Platform. You hereby grant Toybulk the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Toybulk, its group companies, affiliates, and their respective directors, employees, officers, agents and representatives (“Toybulk Parties”) against all claims, loss and liabilities resulting from any Comments you submit.

·         Further, any reliance placed on the Comments available on the Toybulk Platform from a third party/ other users shall be at your sole risk and expense.

Intellectual Property

·         Toybulk and/ brand/seller partners (as the case may be) expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Toybulk Platform. Access to or use of the Toybulk Platform does not confer and should not be considered as conferring upon anyone any license, sub-license to any intellectual property rights. All rights, including copyright, in and to the Toybulk Platform are owned by or licensed to Toybulk. Any use of the Toybulk Platform or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of Toybulk.

·         You may not modify, distribute or re-post anything on/ from the Toybulk Platform for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of Toybulk, its group companies/ affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Toybulk Platform. Access to or use of the Toybulk Platform does not authorize anyone to use any name, logo or mark in any manner. References on the Toybulk Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply Toybulk’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.

·         Toybulk Platform may display third party content (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Toybulk of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and undertake no responsibility to update or review such Third-Party Content.

·         Toybulk is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party website and/ or avail any service pursuant to the same, you do so entirely at your own risk and expense.

·         Report Intellectual Property Rights Infringement

·         Toybulk  respects the intellectual property(ies) of other entities. If you believe that your intellectual property rights have been violated/used in any manner which results in infringement, then please inform us at grievance.officer@Toybulk.com

·         We will evaluate the contents of your notice and will respond within a reasonable period of time. We may take such action as we deem appropriate in keeping with applicable law and our policies, we may also reach out to you for additional details. It may be noted that reporting inaccurate, false or misleading information to Toybulk may result in civil and/or criminal liability.

·         You agree to indemnify Toybulk for all claims brought by a third party(ies) against Toybulk arising out of or in connection with the submission of your email at grievance.officer@Toybulk.com

Privacy Policy

Toybulk respects your privacy and values the trust you place in it. Toybulk’s ‘Privacy Policy’ https://Toybulk.com/privacy details the manner in which information relating to you is collected, used and disclosed. Customers are advised to read and understand our Privacy Policy carefully, as by accessing the Toybulk Platform you agree to be bound by the terms and conditions of the Privacy Policy and consent to the collection, storage and use of information relating to you as provided herein.

Our Privacy Policy shall be deemed to have been incorporated into these Terms by reference, and is subject to change from time to time.

Information Disclosure

·         To protect against the loss, misuse and alteration of the information under its control, Toybulk has in place appropriate physical, electronic and managerial procedures. Although Toybulk endeavours to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the internet cannot be made fully secure. By using the Toybulk Platform, you agree that Toybulk will have no liability for disclosure of your information due to errors in transmission and/or unauthorized acts of third parties.

·         Call Recording: All calls between you and us (including between you and the delivery partners) (directly or indirectly through a third party) may be recorded by us or the third party engaged by us. All such calls may be recorded including for internal training and quality purposes by us and/or any third party appointed by us. You explicitly agree and permit Toybulk and the third party engaged by Toybulk, to record all the calls with you and to share it with our authorized personnel / delivery partners and relevant third parties for the purposes set out above. 

·         You also explicitly agree and permit Toybulk to share any data (including call recordings) related to you with its group companies/ affiliates and/or the governmental/ regulatory authorities, if required under any law.

Misrepresentation

·         Toybulk shall assume no responsibility for any communication not authorised by Toybulk with respect to any offers, promotions, housefull sale, etc. This includes, but is not limited to, any fraud or misrepresentation caused by any third-party administrators resulting in loss or injury to the user. Users are cautioned that Toybulk does not run any call centre, and does not make available for communication any landline/mobile number/email ID/social media channel/any other electronic means to its users, except as specifically set out in these Terms and to that end, you are cautioned against unauthorized persons/ fraudsters and imposters claiming to be calling/ answering on Toybulk’s behalf. In case any user wishes to communicate, the user may communicate at the following/email apart from the faster In app Chat option: Email: info@Toybulk.com; grievance.officer@Toybulk.com Attention: Mr. SK Singh

·         Please note: Toybulk does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means, neither will Toybulk ask you to share any sensitive data or information via email or telephone. If you receive any such request by email or telephone, please do not respond/divulge any sensitive data or information. Please do not reveal these details to fraudsters and imposters claiming to be calling on Toybulk’s behalf. 

·         Please report suspicious activities to info@Toybulk.com.

You Understand, Agree & Confirm

·         That you shall be solely responsible for providing the correct delivery details, including recipient name, address, contact details, etc. and making the payments against all orders placed through your account, whether for delivery to your own address or someone else’s address. Toybulk shall not have any liability/ obligation in this respect (including accepting any refund/ order cancellation requests).    

·         That if any product delivery is delayed or is returned from its destination (including as a result of you providing incorrect name or address or other incorrect/misleading information or recipient’s unavailability or refusal to accept the order at the time of delivery), Toybulk shall not be liable for the same/ responsible to make re-delivery. Any costs incurred by Toybulk in this respect shall be borne by you.

·         That while Toybulk makes best endeavors to ensure that Products/Services are delivered to you within the period reflected at the time of placing the order, Toybulk does not make any representation, guarantee or warranty in relation to the delivery time as the estimated delivery time may be changed without notice and there could be delays for reasons beyond the reasonable control of Toybulk such as availability of third party delivery service providers, demand, traffic and weather conditions, a force majeure event, the location provided by the customer(s), the customer(s) being unresponsive on call, delivery partner(s) facing any on-ground challenges (including any issues with their delivery vehicles, society providing entry to them without any hassles or delays) etc. 

·         The order will ordinarily be delivered when a person is able to receive the order at the address provided by you. You shall be solely responsible for the products in case you direct the delivery partner to leave the same at your doorstep and/or handover the same to any other person. In such cases, you shall not claim any amount/refund from Toybulk in case of any loss/damage to/deficiency in any products/Service. You expressly disclaim Toybulk from all the liabilities which may arise by virtue of the order being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination, and the result of any change in temperature of the products.

·         That in case of cash on delivery orders placed through your account (whether for delivery to your own address or some other/ someone else’s address), it shall be your sole responsibility and obligation to make the cash amount payment/ ensure that such payment is made and further ensure that the same is accurate (i.e. neither less nor additional cash amount is paid to the delivery partners). We shall not be liable for any discrepancy in this respect. 

·         To use the Services provided by Toybulk for lawful purposes only, and comply with all applicable laws and regulations while using/accessing and transacting on the Toybulk Platform.

·         That you will provide authentic and true information in all instances where any information is requested of you. Toybulk reserves the right to confirm and validate the information and other details provided by you at any point of time.

·         That if at any time, the information provided by you is found to be false or inaccurate (wholly or partly), Toybulk shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its Services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.

·         That you are accessing the Services made available by Toybulk and transacting at your sole risk and are using your best and prudent judgement before entering into any transaction through the Toybulk Platform.

·         That transactions through the Toybulk Platform may be subject to delivery charges, handling charges, convenience charges, small cart charges, high demand surge charges, rain surge charge, print charges, gift charges or such other fees/charges as may be levied from time to time (“Service Charges”). You shall be informed of such Service Charges prior to placing your order on the Toybulk Platform at the stage of check-out. By placing the order, you agree to pay for such Service Charges. Service Charges may vary from order to order, which may be determined on multiple factors such as order/ cart value, distance, time of the day, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time. Further, Toybulk may from time to time offer to the customers credits, discounts, promo codes, vouchers or any other form of cashback that it may decide at its discretion. Toybulk reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.

·         That before placing an order, you acknowledged to have checked and reviewed the product description carefully and in sufficient detail. By placing an order on the Toybulk Platform, you agree to be bound by the conditions of sale included in the item’s description without exception.

·         That by using the Toybulk Platform or any Services, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Toybulk Platform and any Service at your sole risk and that to the fullest extent permitted under applicable law, the Toybulk Parties shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

·         Toybulk is constantly evolving in order to provide the best possible experience and information to its customers. You acknowledge and agree that the form and nature of the Services which Toybulk provides, may require affecting certain changes in it, therefore, Toybulk reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the Toybulk Platform without any prior notice.

·         We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.

·         In our effort to continuously improve the Toybulk Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some customers may experience features differently than others at any given time. This is for making the Toybulk Platform better, more convenient and easy to use, improving customer experience, enhancing the safety and security of our services and offerings and developing new services and features. 

Taxes on your Order

·         In respect of the order placed by you, Toybulk shall issue documents like order summary, tax invoices, etc. as mandated per the applicable law and common business practices. Your order may have following components and corresponding documents:

·         Supply of goods by third party sellers listed on Toybulk Platform- Tax Invoice cum Bill of Supply issued on behalf of the third party seller;

Order Cancellation

·         You acknowledge that (a) your cancellation, or attempted or purported cancellation of an order or (b) cancellation due to reasons not attributable to Toybulk, shall amount to your breach of the Terms and any such request shall be permitted subject to acceptance of the same by Toybulk. For any permitted cancellations, we will initiate a refund, if any, against the relevant product/ order, which may be in the form of promotional codes/ coupons which shall be available for use against a subsequent invoice for transactions on the Toybulk Platform, in accordance with the specified terms, if any, such as validity period.

·         Orders may be cancelled by Toybulk in any of the following cases: (a) if it is suspected that a customer has undertaken a fraudulent transaction, or (b) if it is suspected that a customer has undertaken a transaction which does not conform to or violates these Terms, or (c) in case of unavailability of product(s), or (d) for any reason outside the control of Toybulk, including causes for delivery-related logistical difficulties. For such cancellations, Toybulk will initiate a refund, if any, against the relevant product/ order, within approximately 72 hours.  

·         Further, Toybulk aims to ensure that specifications and prices of all products / services offered for sale are true and correct. While precautions are taken to ensure accuracy thereof, at times, the specifications / prices may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product/service information provided to Toybulk by third-party sellers and in such an event, you shall be notified as soon as such error comes to the notice of Toybulk. In each such case, notwithstanding anything to the contrary, Toybulk reserves the right to cancel the order and initiate a refund, if any, against the relevant order/product in the form of credit/ cashback/ coupon/ promotional codes for the value of the relevant product/ order which shall be available for use against a subsequent invoice for transactions on the Toybulk Platform, in accordance with the specified terms, if any, such as validity period. 

·         We reserve the right to deny access to non-complying users / users that appear to be involved in fraudulent transactions at any time or cancel any orders placed by them in future.

Returns & Refunds

·         Products once delivered are non-returnable/ non-replaceable/ non-exchangeable, save and except: (a) if the product is damaged, defective, expired at the time of delivery or incorrectly delivered, and (b) if the return/ exchange policy listed with respect to the relevant product expressly and specifically permits the same – if so, the return/ exchange requests shall be processed in accordance with the terms of the relevant policy, including the specified timelines and conditions. You are requested to read the return policy of each product as available on the Toybulk Platform before raising any request for return/ exchange or refund.

·         For digital goods (including gift cards/ vouchers), no return/ refund shall apply, and you are required to connect with the relevant issuer/ seller in case of any issues including but not limited to, validity, usage restrictions and/ or redemption related issues. For any such issues, please refer to the issuer/ seller's terms and conditions that apply to you in addition to these Terms.

·         All refunds for permitted returns and permitted cancellations will be processed within 7 working days from the date of return/ cancellation approval of the product subject to satisfactory checks. 

·         Unless otherwise stated and/or as mutually agreed between Toybulk and the Customer, for payments made through electronic means such as debit card, credit card, net banking, UPI, etc., refunds shall be processed in the same manner as they are received or provided in the form of credit/ cashback/ coupon/ promotional code which shall be available for use against a subsequent invoice for transactions on the Toybulk Platform, in accordance with the specified terms, if any, such as validity period. Refund amount in the form of credits will reflect in Your account based on respective banks policies. Provided that, refunds, if any, for products purchased on cash on delivery basis shall be refunded by way of promotional codes only which shall expire after 30 days from the date of issuance. Users can opt-in for a promotional code refund for online payments as well.  Refunds cannot be transferred back to any other payment method once the credit/ cashback/ coupon/ promotional code is initiated. All other promotional codes issued shall expire within 7 days from the date of its issuance. 

·         All refunds shall be made in Indian Rupees only.

ToYBULK Cashback

·         The following terms shall be in addition to and not in substitution of or derogation to the other terms governing the use/access of Toybulk Platform.

·         Cashback shall mean the grant of credit for the amount of eligible cashback, which shall be added to and reflected on the user’s account, and shall in no event imply that the cashback shall be credited to a user’s bank account or card account or refunded in cash at any time.

·         Cashback will be either transactional or promotional. A user will be entitled to Cashback only as specified by Toybulk.

·         No Cashback shall be available for orders which are cancelled. Any Cashback offered may be recovered by Toybulk, without notice to the user, in such cases. Any Cashback offered for orders for which a refund claim is made, whether in part or in full, shall be adjusted to remove Cashback attributable to the extent of the order refunded. This condition shall apply strictly and notwithstanding the display of cashback on any specific item(s) listed on the Toybulk Platform as an item specific cashback.

·         Toybulk reserves the right to, without liability or prejudice to any of its other rights, at any time, without previous notice and from time to time, withdraw/suspend / amend/cancel the Cashback offers, and the terms applicable thereto.

·         Any kind of transactional and/or promotional Cashback will reflect in a user’s Toybulk account within approximately 24-48 hours; however, for some coupons it can take 7 working days from the delivery of the order for the cashback to reflect. The validity period thereof shall be 90 days and 60 days for transactional and promotional Cashback respectively from the date of credit,  unless a different time period is specified by Toybulk. 

·         Toybulk does not in any manner endorse or support or promote, in any specific manner, the purchase of products or undertaking of transactions inter alia which are subject to Cashback.

·         Cashback and discount codes may not be applicable on certain products/ services, as may be determined by Toybulk, from time to time.

Gifting Services

·         The following terms shall be in addition to and not in substitution of or derogation to the other terms governing the use/access of Toybulk Platform.

·         You may place an order for products to be delivered to someone else as a gift. You agree that the gifting services are available only for certain products as listed on the Toybulk Platform (“Eligible Product(s))”. 

·         You agree and acknowledge that you shall use the gifting services available on the Toybulk Platform to gift and/or get the Eligible Product(s) delivered to only such persons who are known to you and will not order/gift any Eligible Product(s) and/or get the same delivered to any person which may put the recipient in uneasy, inconvenient or embarrassing situations. To place a gift order, you will be required to provide the gift recipient’s contact details, such as name, phone number, address or any other information that may be reasonably required to enable us deliver the gift order (“Contact Information”). These provisions shall apply mutatis mutandis to orders placed through your account to be delivered to someone else, otherwise than as a gift, whether placed on a cash on delivery basis or otherwise.

·         By availing the gifting service, you warrant and represent that you have obtained the gift recipient’s consent to provide us with the Contact Information. You hereby further warrant and represent to indemnify and hold the Toybulk Parties, harmless against any claims or disputes initiated by the gift recipient whose Contact Information was provided by you for the purpose of placing the gift order. You shall not use the gifting services to harass, intimidate or otherwise harm the recipient in any manner. By placing a gift order, you hereby irrevocably undertake to be responsible for any refusal made by the gift recipient or for any prejudice suffered by the latter or Toybulk. In case the gift recipient is, non-contactable, the delivery partner or we may contact you for further assistance. These provisions shall apply mutatis mutandis to orders placed through your account to be delivered to someone else, otherwise than as a gift, whether placed on a cash on delivery basis or otherwise.

·         You may be charged gifting fees or charges which will be reflected at the time of availing the gifting services. The applicable fees/charges will be notified to you prior to placing an order for the gifting services. By placing the order, you agree to pay the fee and charges as reflected prior to placing the order. You may have to make payment in advance for availing gifting services and cash on delivery may not be permitted.

·         You may send a message with the gift order which we will endeavour to deliver, however sometimes, the message can’t be sent. Please refer to the terms on Prohibited Conduct in relation to the quality of such messages. 

3rd Party Services

·         You acknowledge and agree that the services are solely provided by such third parties, as per their terms and conditions and Toybulk has no role and/or control over the fulfillment and completion of the services provided including but not limited to order tracking, customer care support, grievance, etc.

·         By opting in for such ad-on services/ placing the order for the product that includes such services in the package, You explicitly give your consent to share your personal information as available with Toybulk along with order details with the third party service provider to provide the services. Your personal information will thereafter be subject to the privacy policy of such third party service provider as well, as amended from time to time. 

·         You acknowledge that Toybulk does not provide any guarantee or warranty and makes no representation whatsoever regarding the third party service provider’s services and the reliability, quality, or suitability thereof.

·         You agree and acknowledge that soliciting or receiving the third party service provider’s services is solely at your own risk and Toybulk in no case shall be liable for any act or omission of such third party service provider (including its employees, personnel, agents, contractors, professionals, representatives).

·         By availing such third party service, you will be deemed to have accepted these terms and expressly agree that: (a) Toybulk Parties will not be liable or responsible for any loss or damage whatsoever that you may suffer, directly or indirectly, in connection with this including any theft, and (c) Toybulk will not mediate any disputes or differences between you and the third parties in relation to this.

Specific Additional Terms with respect to purchase of Cigarettes and Other Tobacco Products, hookah, rolling papers, and nicotine products

The user agrees and undertakes that:

·         He/she is at least eighteen (18) years of age or above; and

·         He/she lives outside the radius of hundred (100) yards from an educational institution.

User will not use the Toybulk Platform to purchase “cigarettes” and other “tobacco products” as defined under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 if he/she is below the age of 18 years and/ or lives within the radius of hundred (100) yards from an educational institution or for a person who is below the age of 18 years and/ or lives within the radius of hundred (100) yards from an educational institution.

In addition to the above, in case it is found that user has made a false declaration and/or misrepresented its age to be eligible for placing an Order under this category, Toybulk also reserves a right to take an appropriate action against such user.

Promotional Terms

·         These additional terms apply to promotional campaigns live on the Toybulk Platform from time to time (“Offer”). Users who place orders on Toybulk and satisfy eligibility criteria set forth by Toybulk or its collaboration partners for the specific promotional campaign shall be termed as “Eligible Customer(s)”.

·         Offers shall run for the duration decided by Toybulk, at its sole discretion and may be prematurely revoked without prior notice.

·         If the Offer is based on a minimum order value/specific to a product category, the Offer will stand cancelled if the products are returned by the Eligible Customer or for which refund is given by Toybulk or if the order for such products are cancelled by the Eligible Customer. On or after being provided the benefit/prize of the relevant Offer and availing/redeeming the same, the Eligible Customer acknowledges and agrees that the order placed on the Toybulk Platform cannot be returned and/or refunded.

·         Toybulk Parties shall not, in any way, be liable for the services provided by third parties upon availing/redeeming the offer/voucher/prize.

·         Eligible Customers hereby provide their consent to Toybulk to share the Eligible Customer’s contact details (“Information”) with Toybulk’s authorized third parties for making the Offer available to such Eligible Customer. Such Information will be governed by the third party’s privacy policy/ies and you are encouraged to acquaint yourself with and agree to their policies before participating in the Offer.

·         Eligible Customers may only avail the Offer if account settings on the Toybulk Platform have been set to India and the billing address is in India.

·         Toybulk reserves the absolute right to or alter any of these terms at any time without prior notice.

·         Offer can neither be sold, transferred, enchased or exchanged for any other products nor clubbed with any other Offer.

·         Toybulk accepts no liability, whether jointly or severally, for any errors or omissions of any third party in relation to the Offer.

·         The voucher/prize/benefit details will be sent to the Eligible Customer via e-mail/message/WhatsApp/in-app.

·         Toybulk, in its sole discretion reserves the right to exclude any Eligible Customer from the Offer and/or to cancel all or part of the Offer, without any liability on its part, if it believes that the Eligible Customer has (a) breached any of these terms, additional promotional activity terms and conditions, Toybulk Platform terms and conditions and/or Privacy Policy; (b) acted or has the intention of acting in a dishonest or fraudulent manner, or in bad faith; (c) tampered with the entry process or the operation of the Offer; (d) acted in a disruptive manner.

·         By participating in the Offer, Eligible Customers will be deemed to have accepted these terms along with specific promotional activity terms and conditions made available to the Eligible Customer and expressly agree that: (a) Toybulk Parties will not be liable or responsible for any loss or damage whatsoever that the Eligible Customer may suffer, directly or indirectly, in connection with this Offer, including for any theft, loss or misuse of the Offer or the Information; and (b) Toybulk will not mediate any disputes or differences between the Eligible Customer and the third parties in relation to this Offer.

Payment’s Facility and Related Information

·         All the payments towards the orders and/or any services shall be compulsory in Indian Rupees only. 

·         The information with respect to the accepted payment methods on the Toybulk Platform shall be displayed at the time of making payment for an order which may include but not limited to credit card or debit card; net banking; UPI; cash on delivery or any other RBI approved payment mode as may be reflected on the Toybulk Platform from time to time. Cash on delivery may not be permitted for certain orders.

·         To facilitate the payments, you acknowledge and agree that Toybulk may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information. If you are directed to any third party payment processor, you will be subject to terms and conditions governing use of that third party’s service and we shall have no liability towards the same.

·         With respect to the payment details provided by you to avail the payment facility, you represent, warrant and covenant that you are legally entitled and/or authorized to provide such payment details and make payments using such payment details. You shall be solely liable for the payments done through payment details and you confirm that use of such payment details by you does not violate any applicable law.

·         The payment facility provided by Toybulk is neither a banking nor a financial service but is merely a facilitator providing an electronic, automated online electronic payment system, and receiving payment on orders placed at Toybulk Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable.

·         You agree and confirm that in respect to certain payment methods, the respective issuer may charge you an additional fee i.e. transaction fees or other fees, for the purpose of processing your payment transaction.

Order History

·         any interruptions, service or technology failure or problems in use of the internet and electronic communications or other systems outside the control of Toybulk.

·         order details still being available on your/ for orders placed for someone else, that person’s email, messages or other modes of communication where the order details were available.

·         any stakeholder (including third party or delivery partner) reaching out to you through the information you choose to share with them directly.

·         payment pertaining to such an order being available in bank statements.

International Users

·         “International Users” shall mean such users who have registered on the Toybulk Platform using a permitted mobile number registered outside of India and wish to avail the Services.

·         The following terms shall be in addition to and not in substitution of or derogation to the other terms and conditions governing the use/access of Toybulk Platform. Provided that, in case of any inconsistency between these terms and any of the other terms, these terms shall prevail with respect to International Users, to the extent of such inconsistency.  

·         To place an order, you will be required to provide the recipient’s contact details, such as name, phone number registered in India, address or any other information that may be reasonably required to enable us to deliver the order. Deliveries are available to only select geographies in India.

·         Certain features of the Toybulk Platform may not be available to International Users.

·         Services may be available to International Users only for certain products/ services listed on the Toybulk Platform. To clarify, not all products/ services may be available for sale and purchase to/ by International Users. 

·         Usage of the Services shall be subject to these Terms and the Privacy Policy of Toybulk. 

·         The following payment methods shall be made available to you on the Toybulk Platform and be displayed at the time of making payment for an order - international cards and such other methods as may be updated by Toybulk on the Toybulk Platform, from time to time. Cash on delivery may not be permitted. For certain payment methods and also for refund processing, additional charges may apply, including foreign currency conversion charges, which shall be borne by you.

Grievance Redressal Mechanism

For any order related issue, you may first reach out to us via chat support on the Platform for real time basis resolution.

In accordance with applicable law, including the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer and Nodal Officer who can be contacted for any complaints or concerns pertaining to the Toybulk Platform, including those pertaining to breach of the Terms or any other policies are published as under:

·         Details of the Grievance Officer

Neha Singh

TOYBULK Commerce Private Limited

Second Floor, 105-B, Vishnu Garden -110018, New Delhi, India. Email Address: nodal@Toybulk.com

Address: grievance.officer@Toybulk.com

Time: Monday - Friday (09:00 hours to 18:00 hours) 

·         Details of the Nodal Officer

SK Singh 

TOYBULK Commerce Private Limited 

Second Floor, 105-B, Vishnu Garden -110018, New Delhi, India. Email Address: nodal@Toybulk.com

Indemnity

Notwithstanding anything to the contrary, You agree to indemnify, defend, and hold harmless the Toybulk Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by them arising as a result of, or in connection with: (a) Your Comment and/ or content, (b) your unauthorized use of the Toybulk Platform/ Services, or products or services included or advertised in the Services; (c) your access to and use of the Services; (d) your violation of any rights of another party; or (e) your breach of these Terms (including Privacy Policy and any infringement by you of the intellectual property rights of any third party) and/ or applicable law. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This clause shall survive the expiry or termination of these Terms.

Limitation of Liability

Notwithstanding anything to the contrary: 

·         Toybulk Parties shall not be liable for any claims, damages or losses to the customer or any other person other than as established by a non-appealable order of a court of competent jurisdiction.

·         Subject to the above, the maximum aggregate liability of the Toybulk Parties, if any, as so established and ordered, shall in no event extend beyond refund of the money charged from the relevant user for purchases made pursuant to the relevant order with respect to which such liability has arisen and been established.

·         Toybulk shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential, exemplary, punitive or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

·         You must commence any legal action against Us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. within this period, any failure by Us to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.

Termination

·         Toybulk, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, terminate your use of the Toybulk Platform/ Services and/ or refuse to permit/ restrict your usage/access to the Toybulk Platform/ Services, without notice, with or without cause including if Toybulk has reason to believe (including through evaluating usage patterns), whether by notice or otherwise that: (a) you do not conform to the eligibility criteria, or the eligibility criteria is not met/is violated by a user, or (b) you may commit/ be in breach of these Terms (including Privacy Policy). We may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.

·         You may delete your account at any time by using the option as available on the Toybulk Platform/ App and ceasing further use of the Toybulk Platform/ Services. Your personal data will be processed in accordance with Toybulk’s Privacy Policy as updated from time to time. 

·         Toybulk’s rights to any Comments, indemnification rights and provisions relating to Governing Law and Jurisdiction, shall survive any termination of these Terms. Any such termination of these Terms shall not affect/ waive your obligation to pay for product(s) /services already ordered/availed from the Toybulk Platform or affect any liability that may have arisen or may arise relating to events preceding the date of termination. 

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.

Courts at New Delhi shall have exclusive jurisdiction over any proceedings arising in respect of these Terms (including Privacy Policy).

Miscellaneous

Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver: The Terms, together with the Privacy Policy, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Us and you shall have no authority to bind Us in any form or manner, whatsoever.

Ambulance Services

Toybulk provides a platform for Customers to avail patient transportation & care services, including pick-up, pre- boarding and in-transit care, off boarding & transfer to drop location hospital (“Ambulance Services”).

You may place an order for the Ambulance Service for yourself or someone else. If you avail the services for someone else, you warrant and represent that you have obtained the patient/ recipient’s consent to avail the services and provide the recipient’s details and other requisite information for the purposes as set out in these Terms. You shall provide the same in true, accurate and complete form (not misleading). You hereby indemnify and hold the Toybulk Parties, harmless against any losses, damages, claims or disputes by any third party, including the patient/ recipient/ its legal representatives arising in relation to unauthorized usage/ misuse of the Ambulance Services, unauthorized disclosure of information and/or disclosed information being untrue, inaccurate, misleading and/or incomplete thereby resulting in any liability/ adverse consequence, including deterioration of patient’s health.

To avail the Ambulance Services and in the course thereof, you agree to provide your / patient’s details, including name, phone number, pick up address, drop location, medical condition/ medical history (including blood pressure, diabetes, previous surgeries, pre-existing disease, dislocated bone, allergy, etc.), information needed for patient care report, special needs or any other relevant information as required to administer the service/ which could impede the services, in true, accurate and complete form (not misleading), and execute the related deeds/ documents such as consent form, patient care report, etc., as required. You understand that the Ambulance Services (including patient care and Emergency Care Actions) shall be undertaken relying on the accuracy and completeness of such information. You understand that the Ambulance and Ambulance Services may be under CCTV surveillance and the telephonic / video consultation recorded. We reserve the right to share these details with third party service providers & their team, including ambulance staff (including medical attendants, paramedics, medical professionals/ practitioners), hospitals, insurance companies, as required. You agree that the act of placing an order for Ambulance Services, availing the Ambulance Services and/ or sharing such details signifies relevant consent to the collection, storage, retention, sharing, processing and usage of such information/ data in accordance with these Terms and the Privacy Policy.

You understand that Ambulance Services may involve medical intervention including consultation (video/ audio) with medical practitioners, initiating emergency procedures, medication, providing medicines, injections, etc. as required (“Emergency Care Actions”). You consent to administration of such Emergency Care Actions. You understand that during the course of the services or thereafter, the condition of the patient may deteriorate leading to permanent damage to health/ disability or even death, and for this, you shall not hold Toybulk Parties liable in any manner nor demand any compensation.

You understand that the decision of availing the services and choosing the preferred hospital is your responsibility. However, in case the health of the patient deteriorates and/or the situation demands otherwise, you authorize Toybulk, the service providers and/ or the ambulance staff to take the patient to the nearest hospital location. To clarify, no liability/ adverse consequence shall arise on Toybulk Parties/ service providers on account of exercising/ not exercising such authority.

You shall be solely responsible for making the payments against all orders placed through your account. To clarify, Toybulk shall not be responsible in any manner, whatsoever, for making any payments on your behalf including at the hospital/clinics etc. and/or payment of any bills or related expenses.

You shall avail the Ambulance Services and select the ambulance category and specifications required only for bona fide and lawful reasons, at your sole risk, using your best and prudent judgments. You shall not misuse the Ambulance Services. You are advised to contact the hospital and avail hospital services directly in critical / serious cases, where the patient’s medical condition is likely to deteriorate or is complicated. If you nevertheless choose to avail the Ambulance Services, it shall be at your sole risk and Toybulk Parties shall not be liable for any consequences thereof. Without prejudice to the aforesaid, services may be refused/ order request cancelled, if the patient’s condition seems critical and unsafe. You shall be solely responsible for assessing the medical condition.

You shall be solely responsible for your acts and omissions as well as of the patient and other attendants / representatives of the patient on board including following the safety instructions, protocols and guidelines provided during transit, ensuring safe custody of the personal belongings, etc. Toybulk Parties shall not be held liable for any such act, omission, loss, damage, or theft.

The timeline provided for pick-up/ drop are indicative only. Toybulk does not make any representation, guarantee or warranty nor shall Toybulk be held liable in any manner, whatsoever in relation thereto including for delay in reaching the location/ pick-up/ drop time, deterioration of medical condition, disability or death of the patient. The estimated delivery time and services may be affected due to on-ground/ operational challenges and/ or for reasons beyond reasonable control such as unavailability of third party service providers, excess demand, traffic jams, poor weather conditions, patient’s existing medical condition, insufficient/ inaccurate information & facts provided about the patient, accident, local laws and regulations, force majeure event, inaccurate location provided, customer(s) being unresponsive on call, additional details provided and/or change requested after order placement, vehicle availability, road accessibility, vehicle breakdown, or any other unforeseen event/circumstances causing delay in the medical transport by ambulances. Your order request may be cancelled for any such reasons beyond control and/ or unforeseen circumstances. You agree that you or the representatives of the patient shall not hold Toybulk Parties responsible and liable in any manner nor demand any compensation in this respect.

You agree to receive calls/messages/ notifications from our concerned teams, service providers and/or other professionals (including third parties) to assist you with the Ambulance Services.

You understand that the Ambulance Services shall be provided by third party service providers and medical professionals, liable to perform the services using their professional judgement. Toybulk disclaims all warranties and liabilities associated thereto and makes no representation, guarantee or warranty in this respect. Toybulk Parties shall not be responsible/ liable for their acts, omissions or deficiencies and you agree to not hold Toybulk Parties liable in in this respect.

You may be charged a fee, an estimate of which shall be reflected at the time of availing the Ambulance Services and notified to you prior to placing an order for the Ambulance Services, which may consist of fixed and variable components (subject to further update depending upon the distance travelled by Ambulance/ drop location). You understand that in the course of the Ambulance Services, certain medicines and consumables may need to be administered for patient care. Charges thereof may apply additionally, based on usage and Tax Invoice cum Bill for the same may be issued on behalf of the third party providers. You shall not be entitled to, and agree to not, purchase such medicines and consumables other than as part of / independent of the Ambulance Services. By placing the order you agree to pay such fees and charges or such other fee which may be updated in case any change in request is received from You. You may have to make an advance full or partial payment for availing the services. If the payment remains incomplete, without prejudice to other rights and remedies as available to Toybulk, Toybulk may suspend/ terminate/ restrict your access to the Toybulk account/ services.

Toybulk may, at its sole discretion, choose to make the Ambulance Services available free of cost or at a discounted cost, by absorbing the associated costs (in full or part), on such terms and conditions as Toybulk may deem fit. In the event the services are made available free of cost, an invoice may not be issued against the relevant order. You may however access a record of the order in your order summary sheet / order history page, unless deleted by you in accordance with these Terms.