We value the trust you place in Wembley. That’s why we insist upon your reading these Terms of Use carefully. The Terms and Conditions and policies about Privacy, Payments, Delivery, Returns, Exchange and Refund together shall form the entire Terms of Use.

What is this document?

• These terms of use, read together with the (i) Privacy Policy, (ii) Payment Policy, (Iii) Delivery Policy, (Iv) Return and Refund Policy constitute a legal and binding agreement between you and Whole9yards Online LLP, a company incorporated under the laws of India, having its registered office at Everest House, 10th Floor, CDE, 46C, Chowringee Rd, Kankaria Estates, Park Street area, Kolkata, West Bengal 700071, India (“Wembley”).

• The Terms of Use, inter alia, provides the terms that govern your access to use (i) Wembley’s website www.wembleytoys.in, and its mobile and tablet applications (Platforms), (ii) and any other service that may be provided by Wembley 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 wembley 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.

Terms and Conditions Applicable To Users

1. 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 Wembley 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 Wembley 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, Wembley reserves the right to deactivate such User’s account without further notice.

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

1.1.1 the Indian Contract Act, 1872;

1.1.2 the Information Technology Act, 2000;

1.1.3 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;

1.1.4 the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).

2. 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 Wembley, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“Wembley Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the wembley Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Wembley Content in any way for any public or commercial purpose or for personal gain.

2.1 Wembley authorizes you to view and access the Wembley Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. Wembley, 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 Wembley Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Wembley Content.

2.2 As means to assist the Users in identifying the Products of their choice, Wembley 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, Wembley 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.

2.3 Users may make purchases on the Platforms. For the purposes of identifying a User, Wembley 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.

2.4 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..

2.5 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, Wembley’s acceptance of the User’s offer and the User’s continued adherence to the terms of the Terms of Use.

2.6 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 Wembley 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, Wembley 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.

2.7 All rights and liabilities of Wembley with respect to any Services to be provided by it shall be restricted to the scope of the Terms of Use. In addition to the Terms of Use, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Wembley shall not be held liable for any transaction between you and any such third parties.

2.8 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 Wembley on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, Wembley’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 Wembley (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 Wembley that the Product will be delivered. Wembley’s acceptance to your offer to purchase shall occur and conclude only when the products have been despatched by Wembley and a text message and/or email confirming such despatch has been sent to you. Wembley, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.

2.9 Any communication from Wembley 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, Wembley may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While Wembley shall make every endeavor to share prompt reminders and notifications relating to the delivery of purchased Products with you, Wembley shall not be held liable for any failure to send such notifications or reminders to you.

2.10 Wembley 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 updated at all times and review the terms of the Terms of Use from time to time. Such changes shall be made applicable when they are posted. Wembley may also alter or remove any content from the Platforms without notice.

2.11 While Wembley shall make reasonable endeavors to maintain high standards of security and shall provide the Services by using reasonable efforts, Wembley shall not be liable for any interruption that may be caused to your access or use of the Services.

2.12 Access to and registration on the Platforms is free of cost. Although unlikely, Wembley 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 Wembley without serving prior notice on the Users.

2.13 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. Wembley does not covenant or warrant that:

2.13.1 the Services will be made available at all times;

2.13.2 the Wembley Content available on the Platforms is complete, true, accurate or non-misleading; and

2.13.3 the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.

The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

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. Wembley 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.

Intellectual Property Rights

All the intellectual property used on the Platforms by Wembley, including the Wembley Content, shall remain the property of Wembley, its subsidiaries, associates, affiliates, suppliers, vendors, 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 Wembley, its subsidiaries, associates, affiliates, suppliers, vendors, or any third party hosting such material on the Platforms, as the case may be.

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

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. Wembley shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here.

• Wembley 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.

Indemnity

You hereby agree to indemnify and hold harmless Wembley, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Terms of Use, (iii) infringement, or infringement by any other user of your account with Wembley, (iv) action or inaction on behalf of Wembley’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. Wembley shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide Wembley with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost