S M Funcorp Toys LLP, a LLP incorporated under the Limited Liability Partnership Act, 2008 (hereinafter referred to as 'Company') and having its registered office at 148 Rashbehari Avenue, Kolkata-700029 and Corporate Office at 30 Jawaharlal Nehru Road, Chowringee Mansion, Suite 9B, 2nd Floor, Kolkata-700016. In using the funcorp.in service, of S M Funcorp Toys LLP you are deemed to have accepted the 'Terms and Conditions' of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms as long as you access this website. This Agreement for the 'Terms and Conditions of use of the Company's Website' (hereinafter referred to as 'Agreement') describes certain terms and conditions to access and use the website of the Company by a visitor or a registered user and order products (hereinafter referred to as the "End User", "You" or "Your")
Please read these terms and conditions 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. All such amendments and modifications will be duly notified on this website. 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 Company recommends that, irrespective of whether You are a visitor or a registered member who proposes to utilise the service provided by the Company, to carefully read all the terms and conditions as provided herein. The said terms and conditions displayed are recommended to be saved for any future reference and for Your own records. Or You may even take a print out of the same.
The Company expressly states that the services provided or offered by this website and the Agreement that You are required to be bound by is meant only for individuals/entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws. 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 order products 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.
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.
The Services made available on or through this website are not intended to be providing You with any nature of certification, guarantee or warranty or any professional advice and is merely information and guidance. By accessing, browsing and using this website, You agree and acknowledge that You understand this limited and restricted use, and agree that You will not rely on the information and materials contained in this website for any purposes except as is intended. You further agree that in all actual matters, You are ultimately responsible for determining Your specific requirements. You are strictly prohibited from unauthorised use of our systems or this website, including but not limited to unauthorised entry into our systems, misuse of passwords, or misuse of any information posted on this website. You acknowledge that the Company may disclose and transfer any information that You provide through this website to (i) our affiliate or information providers, (ii) to any third party, but strictly with Your permission, or (iii) if we are legally bound to disclose any information due to compulsions under law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this website, You agree to such transfers. You expressly agree and acknowledge that usage of the website may be monitored, tracked and recorded. As such, You expressly consent to such monitoring, tracking and recording.
You are responsible for being familiar with the current version of these 'Terms and Conditions' posted on the website during each session. By the continued accessing of this website or the services, You implicitly agree to be bound by the revised terms and conditions.
The Company provides an opportunity for You to purchase the Products. Upon placing order, the Company shall ship the Product to You and will be entitled to its payment for the Services. All Products and information displayed on the Website/s constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this Agreement. The Company may accept or reject Your offer in its sole discretion which cannot be contested by You.
The Company, to the best of its knowledge, has displayed or attempts to display on the Website as accurately as is possible, colours of the Products that is 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. If a Product offered by the Website is not as described, the Company will only be liable to refund the full amount of the purchase subject to the product being returned in an unused, unsoiled and resale condition. The Company offers a large selection of toys and games along with information which will inform and guide You to make the Purchase.
In addition to Your other covenants in this Agreement, by ordering product/s on the website, You acknowledge and agree that: (a) Any non-delivery or wrong delivery of the products by the Company due to error in the information provided by You, then any re-delivery cost in addition to the initial cost will be billed to You; (b) 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 from Your end; (c) 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.
The Company hereby undertakes and confirms that the mechanism employed by the Company is more specific to Users whereby no personal data or information is maintained or tracked or stored on Company's servers or any third party servers. All such data or information shall at all times remain on Your machine or server only.
As part of the availing of services, You as a member 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 updation, 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 World Wide Web 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.
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 e-mail address password or account 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 30 Jawaharlal Nehru Road, Chowringee Mansion, Suite 9B, 2nd Floor, Kolkata-700016. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
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
Any changes in Your registration information must be duly updated by You.
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 a User of the website, You agree that Your access 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.
The Company states that the data provided by You shall belong solely and exclusively to You. As such, You are permitted to remove or delete the data, so provided, either in full or any portion, at any point in time as You desire. The Company requests You to notify the Company of such removal or deletion. In the event that You wish for the Company to remove or delete all or any portion of the data belonging to You, then the same needs to be provided in writing to the Company. Upon receipt of such a written request, the Company will do the needful forthwith and notify You of the same. The Company will not retain any copies of such data on its server or in any other place.
In this regard, the Company warrants that it cannot access such deleted material at any point in time. Any contact, information or access that the Company had towards such data or material or accounts will cease forthwith. However, certain portions of Your data, which the Company had maintained on its servers may remain either in backups or in transaction logs. These are maintained only for the specific purpose of backup or to provide Services to You in the event of any malfunction or damage to our server in order to ensure continuity of our service without disruption.
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.
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.
By using the service, You expressly authorise the Company to access Your accounts maintained by identified third parties, on Your behalf as Your agent. When You use the specified feature of another additional account of the Service, You will be directly connected to the website for the third party You have identified. The Company will submit information including usernames and passwords that You provide to log you into the site. You hereby authorise and permit the Company to use information submitted by You to the service (such as account passwords and usernames) to accomplish the foregoing and to configure the service so that it is is compatible with the third party sites for which You submit Your information.
We, as part of our service, encourage and permit You to post Your messages or content on any publicly available forums, blogs and other locations on the website.
By using or posting messages or data or any other information on such forums, blogs and other public locations, You expressly agree that You and only You, are responsible for all the matters contained in such content. You further, represent and warrant to us that You have all the necessary rights to post such messages or information or content and grant us a perpetual, worldwide, royalty free, non-exclusive, transferable and sub-licensable right to use, reproduce, distribute, display, modify, amend, perform, etc of such content or information to promote, modify or redistribute this website, including preparation of any derivative works thereof, in any form and through any medium without any restrictions thereof. You expressly agree that all the rights granted under this paragraph will also be available to each and every user of this website. Further to that, if You intend to use a forum, a blog or any other feature available on this Website, then You should make an independent and informed choice about submitting Your personal identifiable information. All personally identifiable information submitted on such forums, blogs or community features can be read, collected or used by any third party. There is a danger of such information being misused or misappropriated. We do not have control over such actions and we are not responsible or liable for the personally identifiable information that You as a User have chosen to submit on a public platform.
In case of any violation of this condition, the Company reserves the right to forthwith stop your participation on such public forums.
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"" (eg, 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, 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 copyright 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.
You agree NOT to do to the following:(a) 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;
Privacy Contact Information
By e-mail: email@example.com
By Phone: +91 62917-97701
We reserve the right to make changes to this policy without notice. Any changes to this policy will be posted on this page.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input. We constantly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges. We do not and will not sell or rent Your personal information to anyone, for any reason, at any time, except (i) if it is in response to a valid legal request by a law enforcement officer or government agency or (ii) when You have explicitly or implicitly given Your consent, or (iii) to utilize the same for some statistical or other representation without disclosing personal data.
We only reveal those numbers of Your account as required to enable us to access and provide You the required services relating to Your accounts. We make every effort to allow You to retain the anonymity of Your personal identity and You are free to choose a login ID email address and password that keeps Your personal identity anonymous. Access to Your registration information and Your personal financial data is strictly restricted to those of our Company employees and contractors strictly on a need-to-know basis, in order to operate, develop or improve the service. These employees or contractors may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
With the exception of a login ID in the form of an email address, which may be provided on an anonymous basis, and Your third party account information, which is required for providing services, the Company does not require any information from You that might constitute personally identifiable information.
It is important for You to be protected against unauthorised access to Your password and to Your computer. Be sure to sign off when You have finished using a shared computer.
As described in this Agreement and with Your consent, the Company will from time to time connect electronically to Your online bank, credit card and other online financial accounts to process Your orders.
Conditions of Use, Notices, and Revisions
The information contained in this website is for general information purposes only. The information is provided by FunCorp 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 FunCorp. 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, FunCorp takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
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.
This Agreement to be applicable and shall be binding on the parties, ie, You and the Company, unless terminated as specified below:(a) By You, by providing a written notice of at least 3 (three) business days;
The Company controls and operates this website from its corporate office in Kolkata, India, and makes no representation that these materials are appropriate or available for use in other locations. If You use this website from other locations, You are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Kolkata, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Kolkata, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and the venue for arbitration shall be Kolkata. The courts in Kolkata shall have the sole jurisdiction regarding the subject matter of this Agreement.