TERMS AND CONDITIONS

Last Updated on 3rd March, 2022

The website www.toyflix.in and the brand ‘Toyflix’ is the sole property of Sublet Solutions Private Limited, an Indian company registered under the Company’s Act, 2013 having it’s registered office at No 13. New 60, Geethanjali Layout, New Thippasandra, HAL 3rd Stage, Bengaluru – 560075.

Our terms and conditions will automatically apply to you by downloading or using our app our website. Please ensure you carefully read and understand these non-negotiable terms of use. By continuing to use the website or app, you hereby agree to be legally bound by the Terms and Conditions, Policies, Restrictions or Rules that may be posted in connection to specific services from this brand.

By using the Toyflix website or app, you warrant that you are above the age of 18 and are lawfully able to accept all the terms. If you are using the Toyflix app or website on behalf of another person(s) or entity (corporate and unincorporated bodies), you represent and warrant that you have the permission and are authorised to accept these terms on the person’s/entity’s behalf. The person/entity agrees to indemnify Sublet Solutions Private Limited for any violations of these terms.

Sublet Solutions Private Limited reserves all right to change, modify, add or remove portions of these Terms of Use at any time. Your continued use of the app post these changes means that you have accepted and agreed to the changes and comply to the terms of use.

Any type of copying or modification of the app and our trademarks is strictly prohibited. Extraction of the application’s source code or website’s pages source code, translation of the app into other languages or making derivative versions are not allowed. The application, it’s trademarks, copyrights, database rights and all other intellectual property rights belong to Sublet Solutions Private Limited.

To ensure that the application is effective and efficient at all times, Sublet Solutions Private Limited reserves the rights to make any required changes at any time or for whatever reasons. We will not charge you for the app or its services without clarity on what you are paying for.

The Toyflix app stores and processes personal data that is provided to us by our users. It helps us provide our services better. We request all users to keep their phones and access to the app secure. We recommend not to jailbreak or root your mobile devices, which is removing software restrictions and limitations imposed by the main operating system of your phone. This could result in your phone being vulnerable to viruses, malware of malicious programs and be a threat to your phone’s security features.

The Toyflix app uses third party services that have their own terms and conditions. Links to terms and conditions of third-party service providers used by the app.

For certain functions of the Toyflix app to work, there will have to be an active internet connection. This could be Wi-Fi or your mobile network. The Toyflix app will not take responsibility for the app not working if you do not have to an active internet connection.

If the Toyflix app is being used outside a Wi-Fi coverage area, the terms and conditions of your mobile network provider will apply. You may be charged for data usage by your mobile service provider for the duration of your connection while accessing the app, or other third-party charges. By agreeing to use our app, you are accepting any third-party charges, including data roaming charges based on your geographic location. If you are not responsible for paying the bills for the mobile device, we assume that you have the permission from the bill payer for using the app.

Sublet Solutions Private Limited will not take responsibility for how you use the app. You need to ensure that your device has battery back up to use the Toyflix app and you follow the terms, conditions and policies for a good user experience.

When using our app, it is important to know that we will try to keep it updated and correct at all times. We rely on third parties to provide information to us for us to make it available to you. Sublet Solutions Private Limited will not accept any liability for any direct or indirect loss you experience as a result wholly on this functionality of the app.

The app is currently available on android and ios. The app will be regularly updated and you would need to download the updates to continue using the application smoothly. Sublet Solutions Private Limited does not guarantee that it will always update the app so that it is relevant to your specific requirements. We reserve the right to stop providing the app and its services at any given time. We may terminate the use of it without giving a termination notice. Unless we inform you otherwise, upon termination, (a) the rights and licenses granted to you by this term will end; (b) you must stop using the app, and if needed the app should be deleted from your device.

APPLICABLE LAW

You are aware and agree that all matters that relate to the access or use of the Toyflix app and website, including all disputes, will be governed by the laws of India without regard to its conflict of laws provisions. This Agreement shall be deemed to have been made and executed in Bangalore, India, and in all respects shall be interpreted, construed and governed by and in accordance with laws of India with exclusive jurisdiction of the High Courts at Bangalore, India and all disputes arising out of or in connection with this agreement shall be subject to Governing Laws of the High Courts of Bangalore, India. You agree to the personal jurisdiction by and venue in the High Court at Bangalore and waive any objections to such jurisdiction or venue.

CHANGES TO THE TERMS OF USE

Sublet Solution Private Limited reserves all rights, at its sole discretion, to change, modify, add or remove parts/portions of these Terms of Use, at any time and in any or all of the content, products, features and services or change/charge any fees or charges for use of the services contained on the website/application or any policy or guideline of the site. Any of these changes will be effective on the date mentioned for it to be effective or by posting on the site. If you continue to use the site post the changes, it will be with your acceptance of such changes. It will be your responsibility to keep abreast with all changes to the terms and conditions and privacy policies. We request you to review the terms and privacy policies periodically when you visit the site. If at any point you choose to not accept our terms and conditions or privacy policies after said modifications, then we request you to not use the site.

PROVISIONS GOVERNING YOUR USE OF www.toyflix.in or the brand ‘ToyFlix’

ToyFlix is an online website and application with its principal place of business in Bangalore, India. Please note, that that the terms and conditions of the website and application are applicable to all users who are also contributors of content, information and other material or services on the website and also those operating out of location in Bangalore, India.

COMMENCEMENT OF SERVICE

The service shall commence on the ‘Date of Commencement’ of service as selected by the user when they subscribe to ToyFlix. ‘Date of Commencement’ is the date that indicates the acceptance by the user to use our services. Acceptance is also indicated by accessing, browsing or using www.toyflix.in.

RIGHTS TO WEBSITE AND CONTENTS

The site and application are owned by Sublet Solution Private Limited. All content on the site and application, including, but not limited to text, graphics, photographs, videos, user interface, visual interface, data, trademarks, logos, artwork, computer codes, illustrations, information, software and arrangement of content is owned and lawfully licensed or is used as available from public domains by Sublet Solution Private Limited.

All content and elements of the website and application are protected by copyright, moral rights, trademarks and other laws related to the protection of intellectual property rights. Only if permitted under these terms, or other written license or agreement with Sublet Solutions Private Limited, no part of the site, or its content may be copied, modified or retransmitted via any means. All related rights shall remain as exclusive property to Sublet Solution Private Limited, it’s licensors or it’s third-party data partners.

COLLECTION OF PERSONAL INFORMATION

Sublet Solutions Private Limited does NOT collect any personal identifiable information about you, such as your name, address, phone number or email ID without your knowledge.

However, we may use third party advertising companies that serve ads when you visit our website. Ads used on the website can use cookies and/or web beacons to collect data to serve you with advertisements. These companies may use non-personally identifiable information about your visits to this and other websites to target you with advertisements about goods and services of your interest.

If you have any questions or clarifications about this process, kindly do contact us.

SECURITY AND REGISTRATION

Using our services may require you to create an account (includes setting up a username and password). Sublet Solutions Private Limited is not responsible for maintaining the confidentiality of your account information, which includes your password and other activity on your account. You must not use another user’s account without permission or their consent. You must keep your password secure at all times. You must notify Sublet Solution Private Limited immediately in case of any breach of security or unauthorized access to your account. Sublet Solutions Private Limited will not be liable to any loss or damage due to unauthorized use of your account but you may be held liable for any such loss to Sublet Solution Private Limited or others due to such unauthorized use. With the use of our website and app, you agree to provide true and accurate information that is current and complete and to maintain and update it promptly. You agree that if any information you provide is untrue, inaccurate, incomplete or not current, Sublet Solution Private Limited may terminate your use of our services. You agree to maintain confidentiality of your password and personal details and agree not to transfer use or access of the website or app to any third party. You agree to a) immediately notify us of any suspicious or unauthorized use of your account or any breach of security b) ensure that you exit from your account at the end of each session. We are not responsible for any loss or damage that occurs as a result of failing to comply with all foregoing obligations.

You must not enter, select or use a false name or e-mail address owned and controlled by another person with the intent to impersonate or without proper authorization. Sublet Solution Private Limited reserves rights to refuse a registration or cancel a user ID in its discretion.

The website, application and services provided are for personal use of the user and may not be used in connection with any commercial activities except those that endorsed or approved by Sublet Solution Private Limited. Illegal/unauthorized use of the website, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mails or unauthorized framing of or linking to the website in prohibited. Commercial advertisements, affiliate links and other forms of solicitation may be removed from member profiles without notice and may result in the termination of membership. Appropriate legal action will be taken for any illegal or unauthorized use of Sublet Solution Private Limited’s services and offerings.

MAINTENANCE

Sublet Solution Private Limited will have to carry out regular system maintenance which includes upgrading and/or testing and/or repairs and/or related work to their website and application. Sublet Solution may use its sole discretion and may do so without providing reason whatsoever. Sublet Solution may deactivate/suspend user access to our website and app’s services without notice to carry out maintenance work. Without prejudice to any other provision of our terms and conditions, Sublet Solution Private Limited shall not be held liable for any loss/damage/costs/expenses the users may suffer or incur as a result of such deactivation/suspension.

Sublet Solution Private Limited has the right at all times to disclose any information (including identity of users) as necessary to satisfy any law, regulation or valid government request. This may include without limitation, disclosure of information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. We are authorized to disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

INDEMNITY

You agree to defend, indemnify and hold harmless Sublet Solution Private Limited, its respective proprietors, affiliates, licensors, employees, agents, officers, members, vendors, representatives, attorney’s successors, assignees, third party information providers, other third party persons and independent contractors against any claims, losses, damages, costs, liabilities, proceedings, injuries and expenses (including but not limited to , reasonable attorney’s fees and litigation expenses) arising out of or related to any of your communication, or otherwise transmission of data through the site or app, your conduct, any breach of the terms and conditions by you, or any representation or warranty contained herein, your unauthorized use of the content or the site, or your violation of any rights of another person.

TRANSFER

In case of a transfer of this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Sublet Solution to another entity, we will post a notice on the site regarding the change of ownership. This will give you the opportunity to discontinue your use of the site or cancel your registration if you do not wish to continue using the site and services under the new ownership. You may not assign, transfer or sublicense your rights under these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

TERMINATION

Sublet Solution Private Limited reserves the right, without notice and in its sole discretion, and without having to give any reason whatsoever, to terminate your account and/or to block your use.

DELAY IN SERVICES

Sublet Solution Private Limited shall not be liable for any loss or liability resulting directly or indirectly from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defect, weather, strikes, walkouts, fires, acts of God, riots, armed conflicts, acts of war, or other like causes. The website and app shall have no responsibility to provide you access while there is interruption due to any such cause.

ORDER AND DELIVERY

An order is made after the receipt of payment of subscription fee via the ToyFlix app. Once booked, members can cancel their order via the website. In the event that a member wants to cancel their order after the tracking number is generated, the same shall be done through the return policy and no refund of monthly rental charges will be done. Any change in delivery address after delivery of order will not have a charge towards realignment but a 7 day extension of delivery.

If members cancel their membership within first six months, refund will be initiated after deducting prorata basis for monthly membership price. If members cancel their membership after first six months, refund will be initiated after deducting prorata basis for 6-month membership price.

Users will receive our products via delivery executives. Sublet Solution requires a verification of delivery. It is the user’s responsibility to ensure that there is a safe and secure location of delivering the ordered products. Sublet Solution is not responsible of the products after it is successfully delivered to the user. The users are responsible for the safe return of Sublet Solution rental products. A week before the completion of your monthly rental cycle, Sublet Solution will notify the users of the returning date and time. In the event that the user wishes to return the products early, the user can contact Sublet Solution via the website or app and arrange for an early pick-up date.

Sublet Solution delivers to all areas in Bengaluru, Karnataka, India at present time.

PAYMENTS

The user warrants that all payments made to us via credit card/debit card/UPI/net banking has your true and complete information. Charges incurred by your banking partner for any transaction will be incurred by you. You will pay all charges incurred by you at the posted prices including any applicable taxes. You are also agreeing to our policies of payment, refund and delivery. While availing to our available payment methods on our app, Sublet Solution shall not be held responsible in respect to any loss or damage arising directly or indirectly due to lack of authorization of your transaction or exceeding your present limit of your bank or any payment issues arising out of the transaction or the decline of transaction for any reason. All payments made to Sublet Solution shall be compulsorily be made in Indian Rupees acceptable in the Republic of India. We do not accept payments in any other currencies. By making a payment, you have allowed Sublet Solution to collect, process, facilitate and remit payments. You understand that the payment option provided on our website and app does not substitute for banking or financial services but is merely a facilitator, providing an automated online electronic payment, receiving payments for the transactions on Sublet Solution using the existing authorized banking infrastructure and credit card payment gateway network.

MISCELLANEOUS

You agree that (i) all section titles under the terms and conditions are for convenience and have no legal or contractual effect (ii) nothing in the terms and conditions shall be deemed to constitute a partnership or a joint venture between you and Sublet Solution Private Limited. Nothing contained in the terms and conditions shall constitute you as an agent for Sublet Solution Private Limited or entitle you to have authority to bind Sublet Solution Private Limited.

The terms and conditions and any other legal notices published by Sublet Solution Private Limited shall constitute the entire agreement between you and Sublet Solution Private Limited. If any of the provision(s) are deemed invalid by the court out of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of the terms of use, which shall remain in full effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term and Sublet Solution Private Limited failure to assert any right or provisions under this Terms of Use shall not constitute a waiver of such right or provision. Sublet Solution Private Limited reserves the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the website and application following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

LIMITATION OF LIABILITY

In no event or under no circumstances shall Sublet Solution Private Limited , it’s proprietors, affiliates, group companies, associated entities, officers, directors, employees, consultants or agents, be liable to you for any direct, indirect, incidental, special, punitive, exemplary, or consequential damage of any kind including but not limited to loss of profits, business interruption and/or loss of information or data whatsoever resulting from any (i) errors, mistakes or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access or use of our website and application (iii) any unauthorized access or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website and application, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, e-mailed, transmitted or otherwise made available via our website and application , whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge Sublet Solution Private Limited shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

DISCLAIMER

We will use our best efforts to make this site and application secure and have implemented technology for this purpose. However, because of the nature of the internet, we do not warrant that this site and application will be secure. Your access and use of our website and application is subject to factors beyond our control.

You agree that your use of our website and application will be at your sole risk, To the fullest extent permitted by law, Sublet Solution Private Limited, its proprietors, affiliates, group companies, associated entities, officers, directors, employees, consultants and agents disclaim all warranties, express or implied, in connection with the website and/or application and your use thereof. Sublet Solution Private Limited makes no warranties or representations about the accuracy or completeness of this website’s content, information, software, products, features and services or the contents of any sites linked to this website and/or application and assume no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access or use of our website and/or application, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website and/or application, (v) any bugs, viruses or trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors, omissions, interruptions, deletions, defects, delay in operation or transmission in any content or for any loss or damage of any kind incurred as a result of the content posted, e-mailed, transmitted or otherwise made available via the website or application. Sublet Solution Private Limited does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or application or any hyperlinked websites or featured in any banner or other advertising, and Sublet Solution Private Limited will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products and services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution at all time where appropriate.

Inclusion of any linked website on the website or application does not imply approval or endorsement of the linked website by Sublet Solution Private Limited. When you access these third-party sites, you do so at your own risk. Sublet Solution Private Limited takes no responsibility for third party advertisements which are posted on the website, or does not take any responsibility for the goods or services provided by its advertisers. Sublet Solution Private Limited is not responsible for the conduct, whether online or offline of any of the users of Toyflix. Sublet Solution Private Limited assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of any user or member communication, whether based or contract, tort, negligence, strict liability or otherwise. Sublet Solution Private Limited is not held responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the internet or on any of the Sublet Solution services or combinations thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation in connection with Sublet Solution Private Limited services. Under no circumstances shall Sublet Solution Private Limited be responsible for any loss or damage, including personal injury or death, resulting from the use of Sublet Solution Private Limited (ToyFlix)’s services and products, or from the conduct of any user of our services, whether online or offline. Sublet Solution Private Limited services are provided “as-is” and as available and Sublet Solution expressly disclaims any warrant of fitness for particular purpose or non-infringement. Sublet Solution Private Limited cannot guarantee and does not promise any specific results from the use of our website and application.

VIOLATION OF TERMS OF USE

Sublet Solution Private Limited may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site and application, or to identify, contact or bring legal action against someone who may be causing injury to or interreference with (either intentionally or unintentionally) Sublet Solution’s rights or property, or the rights or property of visitors/users of this site and application, including Sublet Solution Private Limited’s customers.

Sublet Solution Private Limited reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. Sublet Solution may also disclose your information when Sublet Solution determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Sublet Solution Private Limited may preserve any transmittal or communication by you with Sublet Solution through the site or app or any service offered on or through the site or app, and may also disclose such data if required to do so by the law or is Sublet Solution Private Limited determines that such preservation or disclosure is reasonably necessary to (i) comply with legal processes, (ii) enforce these terms of use, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety or Sublet Solution, its employees, users of or visitors to the site and application, and the public.

You agree that Sublet Solutions Private Limited may, in its sole discretion and without prior notice, terminate your access to the site and/or application and/or block your future access to the site or application if we determine that you have violated these terms or use or other agreements or guidelines which may be associated with your use of the site and app. You also agree that any violation by you of these terms of use will constitute and unlawful and unfair business practice, and will cause irreparable hard to Sublet Solution Private Limited, for which monetary damages would be inadequate, and you consent to Sublet Solution Private Limited obtaining any injunctive or equitable relief that Sublet Solution deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Sublet Solution Private Limited may have at law or in equity.

You agree that Sublet Solution Private Limited may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to) (i) request by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletion), (iii) discontinuance or material modification of the site or application or any services offered on or through the site or application, or (iv) unexpected technical issues or problems.

CHANGES TO THE TERMS AND CONDITIONS

We will update our terms and conditions from time to time. You are advised to review our terms and conditions on a regular basis for any changes. We will keep you updated on any changes by updating the terms and conditions on this page. These terms and conditions are effective as of 2022-03-02.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at customersupport@toyflix.in or by mail using the details provided below:

No 60, Gitanjali Layout, Bangalore, KA, 560075, India