Popmart Platform Terms Of Use Agreement

Last updated on June 6, 2021

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of Popmart mobile application, website(s), products and services (the “Services”).

Terms of Use Agreement

This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use the Services.

These Terms of Use (the “Terms”) are a binding contract between you and Popkart India Private Limited who is the authorized agency to operate the Popmart platform (henceforth referred to as “Popmart”, “Company”, “we” and “us”).

You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

The use of the Services provided by the Company are subject to the rules and regulations, policies, notices, terms & conditions set forth in this Agreement (“User Agreement”). For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Services by registering as a member of the Services by submitting identification information/ registration details using the the Services and accepting the electronic record of the User Agreement. 

Changes to these Terms

We may change our Services in our efforts to constantly improve our Services and to keep up with changes to technologies and regulations and other factors that impact how we provide our Services. As a result, these Terms may also need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.popmart.in website and/or our applications and/or by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by the Company’s Rules and Policies for Vendors and Buyers as provided from time to time in the following hyperlinks: 

  • Popmart Policies for Vendors

Registration and Communication

By registering for the Services provided by us, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you.

Vendor Registration

To be eligible to sell items on Popmart, the User is required to separately register with Popmart. Please refer to Popmart Vendor Registration Agreement for the details.

Using the Services

You may be required to sign up for an account, and select a password and user name (“Popmart User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Popmart User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You agree to take full responsibility for any activity associated with your account.

You understand and agree that the Company merely provides hosting services to its Users who access Popmart for purchase and sale of products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on Popmart and the contents therein are advertised and listed by registered Vendors.

The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on Popmart. 

Any information provided by you to the Company or submitted to Popmart or provide or display to other Users of Popmart in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company merely is a platform where such information is distributed, published, displayed or used by Users. The Company is not liable for accuracy, appropriateness or legality of such information. 

Prohibited Uses 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services: (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 terminate your use of the Service or any related website for violating any of the prohibited uses. 

Products and other services made available for purchase 
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. 

While we make every effort to display as accurately as possible the colours and images of our products that appear at the store, we cannot guarantee that your computer monitor’s display of any colour will be accurate. 

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 the sole discretion of us. We reserve the right to discontinue any product at any time. 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 Service will be corrected. 

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 store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

Changes to Prices and the Services

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the 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. 

Cancellation Policy

You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service or simply clicking the CALL SUPPORT or CHAT WITH SUPPORT links on the Popmart app. In such a case we will refund any payments already made by you for the order.

Return Policy

Once cancelled or order returned, refund will be processed and we will credit the amount to your Popmart credits or refund to your original mode of payment based on your choice and you will receive a notification when the refund has been completed. If you have selected to receive the refund as Popmart credits, we will add the amount to your Popmart Wallet within 24 to 48 hours and you can use the credits immediately for purchasing items from any shop available on the Popmart app. Should you wish to receive the refund amount credited to your original mode of payment, we will credit the amount to the original mode of payment that you used within 7 to 10 working days.

Disclaimer of Warranties, Limitation of Liability 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 the Company, 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 maximum extent permitted by law. 

Indemnity

You agree to indemnify, defend and hold harmless the Company and our parent, 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 documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

Privacy

We know and understand that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. Please review Popmart’s current Privacy Policy to learn more.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at privacy@popmart.com.

General

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.

Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to support@popmart.in and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 

If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law. 

This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and the Company with respect to the subject matter herein. 

The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favourable to you. 

All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

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. 

Entire Agreement 
The failure of us 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 Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, 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 the drafting party.

Governing Law

This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Bangalore shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services.

Contact Information 
Questions about the Terms of Service should be sent to us at support@popmart.in.