Overview
This MakersMagic website is operated by EuroKids International Pvt Ltd. Throughout the site, the terms “we”, “us” and “our” refers to EuroKids International Pvt Ltd. EuroKids International Pvt Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Products/Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including our Privacy Policy. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or engage in our Products/Services. By using or accessing the website you agree with the Terms of Service and our privacy policy without any qualification or limitation. Any new features or tools which are added to the current site shall also be subject to the Terms of Service and we reserve theright to add, alter or delete material from the website at any time and may, at any time, revise these terms without notifying you. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION I
Online Purchase Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
SECTION II
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit for monetary gain any portion of the Products/Service, use of the Products/Service, or access to the Products/Service or any contact on the website through which the Products/Service is provided, without express written permission by us. The headings used in theseTerms of Service are included for convenience only and will not limit or otherwise affect these Terms.The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are Our trademarks. Nothing contained on this website should be construed as granting any license or right to You to use any trademark without Our prior written permission.
SECTION III
Accuracy, Completeness and Timeliness of Information
The websites and all its content are provided with all faults on an "as is" and "as available" basis. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. In no event will we be liable for claim made by the users including seeking any cancellation for any of the inaccuracies in the information provided in this Website, though all efforts have to be made to ensure accuracy. We under no circumstance will be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this website.
SECTION IV
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Products/Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service/Product.
SECTION V
Products or Services(If Applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy or the return policy of the payment gateway the purchase is made from.We have made every effort to display as accurately as possible the colours and images of our products that appear at the online store/platform/website. The images include artistic impressions and stock images thus actual product may vary. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time, without any advance notice. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product/Service will be corrected. We shall not be held liable for any defect in the Products/Services. We may send you promotional emails, SMSes or other such communication regarding your purchase of any product from us or regarding any new product which we bring about. You agree to receive such communication from us.
SECTION VI
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store/website/platform. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.For more detail, please review our Returns Policy (products once opened are not eligible for returns).You agree to our usage of third-party payment gateways for the processing of any transactions which may take place on the website. We shall not be held responsible or liable for any failed transactions. If any transaction initiated by you fails to get through, the money deducted shall be refunded back to your account in accordance with the payment gateway’s refund policy. Any order you place, shall only be processed, when we receive the money, irrespective of the transactional messages for deductions received.
SECTION VII
Third-Party Links
Certain content, products and services available via our Products/Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We do not endorse or advertise any goods, services, resources advertised on third-party websites. The existence of third-party links on our site shall not be construed as our endorsement of any such website. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION VIII
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, , monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these
SECTION IX
Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You agree that by submitting your e-mail address on our site, you consent to receive any promotional content and information about our current and potential Products/Services. You may also receive information regarding the order you have placed through our site.
SECTION X
Personal Information
Your submission of personal information through the store/enquiry form is governed by our Privacy Policy. To view our Privacy Policy.
SECTION XI
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Product/Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Product/Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Product/Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Product/Service or on any related website, should be taken to indicate that all information in the Product/Service or on any related website has been modified or updated.
SECTION XII
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to take appropriate legal action against you for making use of the information available on this website for any of the prohibited uses.
SECTION XIII
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Product/Service will be uninterrupted, timely, absolutely secure or error-free. We do not warrant that the results that may be obtained from the use of the Product/Service will be accurate or reliable.
You agree that from time to time we may remove the Product/Service for indefinite periods of time or cancel the Product/Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Product/Service is at your sole risk and does not constitute any liability on us. The Product/Service and all products and services delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
SECTION XIV
Indemnification
You agree to indemnify, defend and hold harmless EuroKids International Pvt. Ltd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the policies they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION XV
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION XVI
Force Majeure
The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to events including but not limited to earthquake, flood, fire, storm, natural disaster, pandemic/epidemic, act of God, war, terrorism, armed conflict, labour strike, lockout/boycott, interruptions, loss or malfunctions of software or hardware, virus or trojan attack or any such event which may be beyond the reasonable control of the Company. Upon occurrence of such events, The Company may at any time, at its sole discretion and without advance notice to you, cease operation of the website.
SECTION XVII
Entire Arrangement and Waiver
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Product/ Service constitutes the entire arrangement and understanding between you and us and governs your use of the Product/Service, superseding any prior or contemporaneous arrangements, understanding, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against us.
SECTION XVIII
Governing Law
These Terms of Service are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website shall be subject to the exclusive jurisdiction of the courts at Mumbai, India only.
SECTION XIX
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Product/Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.