Terms of Service
Last Revision: 28th May 2021
Please read this term of service agreement carefully. By using this website or ordering products from this website you agree to be bound by all the terms and conditions of this agreement.
This Terms of Service Agreement (the "Agreement") governs your use of this website, https://www.nestatoys.in (the "Website"), Nesta Toys ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Nesta Toys reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Nesta Toys will alert you that changes, or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
Nesta Toys encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Nesta Toys for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. Products/ Services
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Proprietary Rights: Nesta Toys has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by Nesta Toys. Nesta Toys also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
Taxes: You shall be liable for any duties, taxes and storage that may be applicable on the purchase of the products and such duties, taxes and storage will be payable in addition to the price listed on the Website for the product purchased.
Product Purchase: Placing an order on the Website constitutes an irrevocable acceptance of the purchase, unless rescinded / cancelled by us within 1 working days.
Order Cancellation: We reserve the right to cancel the order in the event of you failing to pay the full price of the product in accordance with the terms of this clause within the time period provided. We also have the right to cancel any order placed on the Website at any time prior to delivery of the product, without assigning any reason whatsoever.
Product Description: Products listed on the Website may vary in color and texture when compared to the product photographs on the website. While we provide details of each product listed on the website, we assume no responsibility for any errors or omissions that may occur in the description, price, or any content related to the products listed on the Website.
Refunds: You shall be entitled to a refund only under the following circumstances: (a) in the event of the product being damaged during shipping; or (b) an error that is directly attributable to us has occurred during the purchase of such product; or (c) in the event of cancelation after a purchase, or change in the terms of service, including, but not limited to, change in the prices or the availability of the product. Please refer to our refund policy for details.
Customer Solicitation: Unless you notify our third party call center reps or direct Nesta Toys sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Nesta Toys and its designated in house or third party call team(s). Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending us an email.
Account Registration: Registration or creating an account on the website is not mandatory. You may continue to access the Website and purchase products as a guest. In order to access certain features of the Website and in order to purchase the products listed on the Website, you may, in your discretion, register to create an account and become a member. You may register directly on the website or link your account with a Third Party Account.
1) As part of the functionality of the Website, you may link your Account with Third Party Accounts, by either providing your Third Party Account login information to us through the Website allowing us to access your Third Party Account.
2) By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”)
4) Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website. You have the ability to disable the connection between your Account and your Third Party Accounts, at any time.
5) We will create your Account and your Account profile page for your use of the Website based upon the personal information you provide to us or that we obtain via an SNS as described above.
6) You agree to provide accurate, current and complete information during the registration process and to update such information whenever necessary.
7) We reserve the right to suspend or terminate your Account and your access to the Website, if required.
8) You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
Content; Intellectual Property; Third Party Link:. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about wooden toys, kids playtime and child development/ learning. Nesta Toys does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Nesta Toys does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Nesta Toys does not endorse the contents on any such third-party websites. Nesta Toys is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: Nesta Toys is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Nesta Toys or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Nesta Toys a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Nesta Toys does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Nesta Toys is not liable for any damage or harm resulting from any posts by or interactions between users. Nesta Toys reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Nesta Toys deems objectionable.
III. Disclaimer Of Warranties
Your use of this website and/or products are at your sole risk. The website and products are offered on an "as is" and "as available" basis. Nesta toys expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. ("products" include trial products.)
Without limiting the generality of the foregoing, Nesta Toys makes no warranty:
- That the information provided on this website is accurate, reliable, complete, or timely.
- That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
- No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
- As to the results that may be obtained from the use of the products or that defects in products will be corrected. Regarding any products purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
IV. LIMITATION OF LIABILITY
Nesta Toys entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
Nesta Toys will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from
- The use or the inability to use the website content or products;
- The cost of procuring substitute products or content;
- Any products purchased or obtained or transactions entered into through the website; or
- Any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless Nesta Toys, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
- This Agreement or the breach of your warranties, representations and obligations under this Agreement;
- The Website content or your use of the Website content;
- The Products or your use of the Products (including Trial Products);
- Any intellectual property or other proprietary right of any person or entity;
- Your violation of any provision of this Agreement; or
- Any information or data you supplied to Nesta Toys.
When Nesta Toys is threatened with suit or sued by a third party, Nesta Toys may seek written assurances from you concerning your promise to indemnify Nesta Toys; your failure to provide such assurances may be considered by Nesta Toys to be a material breach of this Agreement. Nesta Toys will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Nesta Toys choice at its expense. Nesta Toys will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Nesta Toys against any claim, but you must receive Nesta Toys prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. Agreement To Be Bound
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: Nesta Toys will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations here under due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Nesta Toys may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and Nesta Toys and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Nesta Toys to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction: This Website originates from the Nagpur, Maharashtra. This Agreement will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor Nesta Toys will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: by entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination: Nesta Toys reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Nesta Toys may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Nesta Toys reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Nesta Toys chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: Nesta Toys makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Nesta Toys may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.