This document is an electronic record as defined in the Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes as given in the Information Technology Act, 2000 and other applicable statutes under the laws of the Republic of India. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The website, gimmickskids.com is an internet based e-commerce platform, owned by Gimmicks Kids and where the context admits shall include successors-in-interest, permitted assigns, permitted nominees and affiliates. The term “You” and “User” refers to the user of this Website for the purposes of the Terms hereunder.

The following terms and conditions, policies listed herein below or anywhere else on this Website (generally referred to as “Terms” or “Agreement”) govern your rights and obligations in relation to your use of the Website and services offered on the Website. Please note that the access and/or use of this Website and the services thereof denotes deemed acceptance of the Terms and constitutes a valid, binding and enforceable contract between you, the user (registered or otherwise on the Website) and the gimmickskids.com platform partners under the laws of the Union of India. Partners and you shall, where necessary, be collectively referred to as Parties to this Agreement. If you do not wish to be bound by the following, you are kindly requested to forthwith exit the website.

The partners has taken due care in ensuring updation, relevance and comprehensiveness of the Terms across the Website. Any discrepancy which may render any portion or part of the Terms unenforceable for whatsoever reason shall not render the remainder of the Terms ineffective and shall not absolve the Parties of any accrued rights or responsibilities under this Agreement.

Introduction

The platform is engaged in the business of aggregating food products (“Products”) for sale and the Website is to offer information and the sale of the food products (“Service”) through the Website.

“You” and “User” shall mean the end user accessing the Website, its contents and using the services and products offered through our Website and “we”, “us” and “our” shall mean the Company, its successors, nominees, affiliates or legal representatives claiming under it from time to time, where applicable.

The reference to the Company hereunder shall mean reference to any and all of the Company’s successors, nominees, affiliates or legal representatives claiming under the Company in respect of any rights and liabilities accruing to such persons by access or use of this site or the services thereof. The Company asserts its right to operate and administer the Website and reserves all rights pertaining to the Website and the contents therein, including the right to amend without prior notice.

We offer you to use the Website subject to the condition of your acceptance of all the terms, conditions and notices contained in these Terms and other policies on our Website without any changes, which may be amended from time to time.

By subscribing to or using any of our Services and Products you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the Services. These Terms are effective upon you registering yourself in the Website as defined herein below and your acceptance governs the relationship between you and Company

including the sale and supply of any Products on the Website. By accessing the Website, you shall be contracting with the Company and these terms and conditions constitute your binding obligations, with the Company. If the terms and conditions mentioned herein conflicts with any other document, the Terms will prevail for the purposes of usage of the Website and enforcement of rights of either parties to the agreement.

Account & Security:

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the gimmickskids.com platform owners of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you sign-out/off from your account at the end of each session. The Flavorkart platform owners cannot and will not be liable for any loss or damage arising from your failure to comply with this section or from misuse by any third party with or without your knowledge. You understand that by registering with the Website, you are authorising the Website to send you promotional emails, product details, details of the purchase, dispatch, delivery etc. without requiring further authorisation or permission from you.

You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website, and refuse to provide you with further access to the Website.

Awareness & Consent

You hereby acknowledge, consent and agree that you have read and fully understood all the policies including the Terms in our Website.

Limited Use:

Except as expressly provided in the Terms, no part of the Website can be reverse engineered, modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed, created derivative works from, transferred, or sold any information or software obtained from the Website to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

Conditions for the use of the Website:

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following conditions:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which

• belongs to another person, and to which you do not have any right to.
• is misleading in any way.
• infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
• promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of items related to the Website. Throughout this Terms, ‘gimmickskids.com platform owners’s prior written consent’ means a communication coming from gimmickskids.com platform owners, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorisation;
• interferes with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services;
• refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
• harms minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
• violates any law for the time being in force;
• deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• 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.
• shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
2. You shall not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
4. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the gimmickskids.com platform owners and / or others.
5. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the Terms and Privacy Policy applicable to use of the Website.

Representations by and Warranties of the User

User declares that he is of legal contractable age (18 years or above). The User guarantees, warrants, and certifies that he/she is the owner of the content which he/she submits or is otherwise authorised to use the content and that the content does not infringe upon the intellectual property rights or any other rights of any other persons. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark and copyright formerly or currently used by you in connection with the Services rendered by the Website.

Charges

Use of Services on the Website is free. There is no service charge or fee for browsing and placing order for the Products on the Website, and the payment collected for the Products are detailed in the tax invoice to be made available to you at the time of delivery. However, we reserve the right to charge fee and change applicable policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, we reserve, without notice to you, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us. Taxes, if payable in addition to the prices quoted on the Website, shall be declared as such before you place the order.

Intellectual Property Rights

All Intellectual Property Rights to and into the Website, including but not limited to, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks shall be owned by the gimmickskids.com platform owners, unless otherwise indicated. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to the Flavorkart platform owners without obtaining authorisation from the Flavorkart platform owners.

It is expressly clarified that you will be the owner of and solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service.

Disclaimer of Warranties and Liability

We take utmost care in ensuring the highest level of accuracy about the content made available to you on this Website. However, this Website, all Products and Services, included on or otherwise made available to you through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing, except as may be specified for each product at the time of placing the order. Without prejudice to the forgoing paragraph, we are unable to accept responsibility for interrupted access to the Website due to technical problems outside of our control. Due to the nature of the Internet, access may be suspended, restricted or interrupted at any time, and we are therefore unable to guarantee entirely error-free access and services. We do not warrant –

• Website will be constantly available, or available at all
• Information on this Website is complete, true, accurate or non-misleading which may occur due to unwarranted actions of third parties or programs.

We do not warrant that this site; information, content, Products or Services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. You are contractually bound to pay for the Products ordered by you and your act of placing an order on the Website, unless cancelled as per the cancellation policy of the gimmickskids.com platform owners as notified from time to time, shall create a binding legal contractual obligation between you and the gimmickskids.com platform owners and you shall be liable to ensure payment for the same.

You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates.

Payment for the Products

You shall ensure that the payment for the Products shall be tendered as per the retail price (plus taxes as applicable) applicable for the products ordered by you and delivery charges (applicable in some cases) on the Website. The mode of payment for the order placed by you shall be via various payment gateways options or cash on delivery.

You also understand that all liability for the Products ordered by you shall pass on to you from the time the Products are delivered to you, at the address requested for delivery by you. Our liability is to the extent that the Products delivered to you conform to the specification as to the brand, quality and quantity of the Products ordered by you on this Website. You agree that the Products are delivered at applicable delivery cost which will be notified at the time of your placing of the order on the Website. You also agree and understand that the Products ordered on this Website are delivered to you at your entire cost and consequence.

Electronic Payments

While remitting payment by electronic means for the Products ordered on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

1. Lack of authorisation for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.

Change of Order/Modification of confirmed order placed on the Website

You agree and understand that the use of this Website and placing of an order through this Website constitutes a binding legal contract between you and the gimmickskids.com platform owners. Any breach of your agreement to remit payment for the order placed by you on this Website and any refusal to receive the Products ordered by you on this Website constitute a breach of contract and you shall be liable to compensate the gimmickskids.com platform owners adequately for costs under applicable provisions of law for such breach.

We however understand that given the nature of the Products facilitated to be sold through this Website, you shall be allowed to modify your order for the Products placed by you on this Website by requesting a change in the particulars of the order and quantity of the Products. Such modification of the order shall be allowed only if the Products have not been invoiced to you at the time of communication of such modification by you to us, and the Products have not been dispatched from our retail outlets to the address provided for delivery of the Products.

All requests for modification/cancellation of an order placed on the Website shall be made as expeditiously as possible after the placing of the order on the Website at given customer care contact number and our email:cmukesh21@gmail.com We are not responsible for your inability to communicate any required modification to the order placed by you at the given contact numbers due to technical faults or delays.

We reserve the right to allow or refuse such modification/cancellation. Any modification to your order shall be received and acknowledged by us subject to the provisions of the Act.

Limitation of Liability

In no event shall the gimmickskids.com platform owners be liable for any special, incidental, indirect or consequential damages of any kind in connection with this terms, even if the gimmickskids.com platform owners has been informed in advance of the possibility of such damages. Also, notwithstanding whatever mentioned anywhere else on this Website, the liability of the gimmickskids.com platform owners, including any liquidated damages under all circumstances shall be limited to the value of the order placed by you.

Indemnification

The User hereby agrees to indemnify, defend and hold harmless the gimmickskids.com platform owners, licensee, affiliates, subsidiaries, associates and employees, from and against any or all losses, liabilities, claims, damages, costs and expenses (including but not limited to legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against by a third party or incurred by the gimmickskids.com platform owners that arise out of, or result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to the Terms or your violation of the rights of a third party.

Prices

Prices for Products are described on our Website and are incorporated into these Terms by reference. Prices and availability of Products and Services are subject to change and at the gimmickskids.com platform owners’s discretion.

If we come across any difference in pricing resulting from typographic errors with respect to the pricing or product information made available to you on the Website, we reserve the right to rectify the same, if any, collected from you within 15 business days of such corrective action taken.

Cancellation of order

We reserve the right to cancel any order placed by you on the Website at our sole discretion without assigning any reason whatsoever, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the our policy or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made within a reasonable time.

Entire Agreement

These Terms and conditions herein, constitute the entire agreement between you and us and supersede all previous statements and understandings whatsoever between us. Any failure by gimmickskids.com platform owners to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision under these terms and conditions is found in law to be unenforceable, then all other provisions of these terms and conditions shall remain in full force and effect. We reserve the right to cede, assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to a third party.

Governing Law

The terms on this website shall be governed by and constructed in accordance with the laws of India. The courts at Maharashtra shall have exclusive jurisdiction to try any disputes arising out of the use of this Website.

Changes in policy

We also reserve the right to change the Terms, at any time. In case any changes, we will post the same so that you are always aware of our policy. Unless stated otherwise, our current Terms apply to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Dispute Resolution

In case of any dispute arising between you and us with respect to the use of this Website or the services facilitated there under, including dispute with any third party arising out of your use of this Website, you agree to refer the matter to arbitration for resolution of such dispute. The arbitration proceedings shall be undertaken by a sole arbitrator to be appointed by us, and you agree to submit absolutely to the jurisdiction of such arbitrator. The arbitration proceedings shall be carried out in accordance with the provisions of the Indian Arbitration Act, 1996 and the language of the arbitration shall be English. The arbitration proceedings shall be held at Maharashtra and the cost of arbitration shall be borne by both parties equally.

Grievance officer

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: