We value the trust you place in Mirana Innovations Pvt Ltd. That's why we insist upon your reading these Terms of Use along with the Privacy Policy hosted on the Mirana Innovations Pvt Ltd website – www.miranatoys.com  carefully.

1. What Is This Document?

These Terms Of Use,  read together with the Privacy Policy,  constitute a legal and binding agreement between you and Mirana Innovations Pvt Ltd hereinafter referred to as the (“The Company”) with the registered office situated at 201, Plot No. T-33, T Block, MIDC Road, Bhosari Pune 411026.

The Terms of Use, inter alia, provides the terms that govern your access to use (i) the Company’s website www.miranatoys.com, and its mobile and tablet applications (  “Platforms”), which inter alia facilitates the purchase of electronics, toys and such other products sold by the Company (  “Products”) through the Platforms, and (ii) and any other service that may be provided by the Company from time to time (collectively referred to as the (  “Services”).

You hereby understand and agree that the Terms of Use form a binding contract between the Company and anyone who accesses, browses, or purchases the Products and uses the Services in any manner   (User) and accordingly, you hereby agree to be bound by the terms contained in the Terms of Use. If you do not agree to the terms contained in the Terms of Use, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Terms of Use shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Terms of Use.

2. Terms and Conditions Applicable To Users

Users must be 18 years of age or older to register or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to Mirana that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Terms of Use.

If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Terms of Use, including terms of purchase of Products, on behalf of the minor User.

Should The Company be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, The Company reserves the right to deactivate such User’s account without further notice.

The Terms of Use are governed by the provisions of Indian law, including, but not limited to:

•   2.2.1 the Indian Contract Act, 1872;
•   2.2.2 the Information Technology Act, 2000;
•   2.2.3 the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (SPI Rules) and;
•   2.2.4 the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).

The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of the Company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Mirana’ Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the Mirana’s Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Mirana’s Content in any way for any public or commercial purpose or for personal gain.

The Company authorises you to view and access the Mirana’s Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. The Company, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the Mirana’s Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Mirana’s Content.

As means to assist the Users in identifying the Products of their choice, The Company provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the Company disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.

Users may make purchases on the Platforms. For the purposes of identifying a User, the Company may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time, and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.

The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.

Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, The Company’s acceptance of the User’s offer and the User’s continued adherence to the terms of the Terms of Use. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if the Company has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Terms of Use, The Company reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.

You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages (including through internet-based mobile messaging) and/or emails from Mirana on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, Mirana’s acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by Mirana (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from Mirana that the Product will be delivered. Mirana’s acceptance to your offer to purchase shall occur and conclude only when the products have been despatched by Mirana and a text message and/or email confirming such despatch has been sent to you. Mirana, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.

Any communication from Mirana shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, Mirana may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While Mirana shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, Mirana shall not be held liable for any failure to send such notifications or reminders to you. Mirana may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Terms of Use in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself always updated and review the terms of the Terms of Use from time to time. Such changes shall be made applicable when they are posted. Mirana may also alter or remove any content from the Platforms without notice.

While Mirana shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, Mirana shall not be liable for any interruption that may be caused to your access or use of the Services. Access to and registration on the Platforms is free of cost. Although unlikely, Mirana may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by Mirana without serving prior notice on the Users.

The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Mirana does not covenant or warrant that:

•   The Services will be made available at all times; 
• The Mirana Content available on the Platforms is complete, true, accurate or non-misleading; and 
• The Products are of specified merchantability, merchantable quality and fit for use for a particular purpose and age as and will be mentioned on the product.

3. User Covenants And Obligations

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.

You are also prohibited from:

• Violating or attempting to violate the integrity or security of the Platforms or the Mirana Content;
• Transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by Mirana;
• Intentionally submitting on the Platforms, false or inaccurate information;
• Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
• Attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or
• Copying or duplicating in any manner any of the Mirana Content.

You are also obligated to:

• Refrain from acquiring any ownership rights by downloading the Mirana Content;
• Read the Terms of Use and agree to accept the terms and conditions set out therein Refrain from copying or modifying the Mirana Content available on the Platforms for any purpose;
• Comply with all applicable laws in connection with your use of the Platforms;
• Not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and

Mirana may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, Mirana can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by Mirana as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Mirana or any person on its behalf and the User or where you have consented to such data transfer.

PRICING AND PAYMENT

  (a) The prices for product/s are described on the website and are incorporated into these terms by reference. All prices are in Indian rupees. The prices, products and services are subject to change at the Company's discretion.

  (b) The Company will use its best efforts to ensure the accuracy of the prices and price-related information stated on the Website. However, in case of any discrepancy, the Company's decision will be final.

  (c) In the event of any inadvertent mistake by the Company in quoting the price, the Company will notify You of the error before Your payment is processed. You will then have the choice to either accept the correct price or to cancel Your order.

  (d) The Company accepts the following forms of payment: a) Online payment via credit card, debit card, net banking b) Cash deposit on our bank account

  (e) You agree, understand, confirm and state that the card details provided by You to transact on the website will be correct, accurate and is owned by You. In the event that You use a card belonging to any third party, then You confirm that you have been authorised to or expressly permitted by said third party to use the card for making payments.

  (f) The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.

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

4. Third Party Information Third Party Information

All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. Mirana is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.

Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.

  5. Intellectual Property Rights

All the intellectual property used on the Platforms by Mirana, including the Mirana Content, shall remain the property of Mirana, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Terms of Use, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Mirana, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.

5.2 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at info@miranatoys.com and let us know of your concerns.

6. Unlawful Or Prohibited Use

You warrant to Mirana that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Terms of Use or under applicable law.

7. Liability

• You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. Mirana shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products.
• Mirana does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.
• The maximum aggregate liability of Mirana, in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of cost of the product / service used by the buyer.

8. Indemnity

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

9. Grievance Officer

10. Severability

If any provision of the Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Terms of Use shall continue to be in full force and effect.

11. Term And Termination

The Terms of Use will remain in full force and effect while you use any Service in any form or capacity.

Mirana reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Terms of Use, misrepresentation of information, any unlawful activity or if Mirana is unable to verify or authenticate any information you submit to it

The User may terminate the Terms of Use at any time, provided that the User discontinues any further use of the Platforms or Services.

It is specifically clarified that any termination of the Terms of Use by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.

12. Dispute Resolution And Governing Law

The Terms of Use and any contractual obligation between Mirana and you under the Terms of Use shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Pune, Maharashtra.

All disputes will be subject to arbitration at Pune, Maharashtra in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. Mirana and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.

Arbitration awards shall be reasoned awards and shall be final and binding on Mirana and the disputing User and shall be enforceable in any court of competent jurisdiction.

13. Waiver

Mirana’s failure to enforce any provision of the Terms of Use or respond to a breach by a User or User shall in no way imply a waiver of Mirana’s right to subsequently enforce any provision of the terms of the Terms of Use or to act with respect to similar breaches by a User or User.

14. Interpretation

Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Terms of Use and shall be ignored in construing the same.

Words denoting the singular shall include the plural and words denoting any gender shall include all genders.

The words “include” and “including” are to be construed without limitation. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.

This Agreement may only be amended by either the same electronic means as were used to enter into this Agreement or in a writing that specifically refers to this Agreement, executed by both parties hereto.