The Platform is owned by Wackytracksfidgettoy Designs Private Limited, having its registered office at 156 Green St, Alexander City, AL 35010, United States.
1. User Account, Password, and Security
1.1 You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
1.2 Registered users: Wackytracksfidgettoy makes certain sections of the Services available to You through the Website only if You have provided Wackytracksfidgettoy certain required User information and created an account and a Wackytracksfidgettoy ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (Wackytracksfidgettoy ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Wackytracksfidgettoy of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Wackytracksfidgettoy cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Wackytracksfidgettoy or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Wackytracksfidgettoy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wackytracksfidgettoy has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
1.3 Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
2. Services Offered
Wackytracksfidgettoy does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
4. Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Wackytracksfidgettoy or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Wackytracksfidgettoy reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Wackytracksfidgettoy or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Wackytracksfidgettoy, the vendor/seller or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Wackytracksfidgettoy owns all intellectual property rights to and into the trademark "Wackytracksfidgettoy", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Wackytracksfidgettoy or thirty party owner of such Content.
5. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Wackytracksfidgettoy does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. 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. We will not use your personal information to initiate any promotional phone calls or SMS.
When You use the Website or send emails or other data, information or communication to Wackytracksfidgettoy, You agree and understand that You are communicating with Wackytracksfidgettoy through electronic records and You consent to receive communications via electronic records from Wackytracksfidgettoy periodically and as and when required. Wackytracksfidgettoy will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
8.1 Wackytracksfidgettoy is a company incorporated under the laws of USA, with its registered office at 156 Green St, Alexander City, AL 35010, United States.
Wackytracksfidgettoy is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.
8.3 If there is any conflict:
9. Limitation of Liability:
In no event shall Wackytracksfidgettoy be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
the use or the inability to use the Services or Products
unauthorized access to or alteration of the user's transmissions or data
breach of condition, representations or warranties by the manufacturer of the Products
any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Wackytracksfidgettoy shall not be held responsible for non-availability of the Wackytracksfidgettoy during periodic maintenance operations or any unplanned suspension of access to the Wackytracksfidgettoy. The User understands and agrees that any material and/or data downloaded at Wackytracksfidgettoy is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Wackytracksfidgettoy’s liability shall be limited to an amount equal to the Products purchased value bought by You. Wackytracksfidgettoy shall not be liable for any dispute or disagreement between Users
10. Governing Law and Jurisdiction