Terms of service

Terms & Conditions

By accessing the URL www.tinycubs.co.in and / or downloading, installing and accessing the Tinycubs App (collectively, the “Service Platform”) provided by M/s Tinycubs (the “Company”) you (individual or legal entity, the “User”) are deemed to unconditionally agree to being legally bound to the following terms, conditions, and privacy policy incorporated herein by way of reference (collectively, the “T&C”). The User is strictly directed not to access or use the Service Platform should you not unconditionally acknowledge and agree to the T&C in its entirety as provided here under.

 

Placement of orders

    1. By placing any order/s against one or more product listing/s on the Service Platform, the User shall be deemed to-
      1. Accept the offer to sell embodied in said product listing/s to thereby enter a valid contract for sale;
      2. Represent being of requisite lawful age and capacity to enter a binding contract with the Company; and
      3. Having means and authority over the payment method provided by the User to thereby promptly complete the purchase transaction in relation to said order/s.

    1. Order/s placed on the Service Platform shall be confirmed upon receipt in full of payment therefor, and shall carry a defined return window specified in each product listing, during which window the User may return and claim replacement product/s or refund of payment made against said order/s, and beyond which window the Company shall not entertain any returns / claims for refund whatsoever. Replacement shall exactly mirror the products listed in any concerned order and shall not be convertible to any other products or cash anytime.

    1. The Company, at any time at its own sole discretion and without the obligation to assign any reason or notice, shall have the exclusive discretion to-
      1. Limit, modify, and / or refuse any order/s placed by the User, or any portion thereof;
      2. Substitute, modify, limit and / or discontinue any Vendor and / or content of any product listing/s, product descriptions and pricing enlisted on the Service Platform;
      3. Impose transaction limits or decline transactions that the Company has reasons to believe to include high risk, are fraudulent, or are in violation of the Company’s Terms & conditions; and / or
      4. Change user interface of the Service Platform for better user experience.

    1. Prices of products enlisted on the Service Platform are final and inclusive of the Company’s commission on sales and transaction fees, subject to promotional offers and discounts if any which may be applied at discretion of the Company, but excluding shipping costs and taxes applicable as per state and central legislations and / or transaction charges levied by providers of the payment modality selected by the User.

  1. The User may cancel any order/s placed by the User on the Service Platform at anytime, without any costs, before dispatch of said order/s for delivery by the concerned vendor/s of the product/s included in the order/s, but not after the product/s included in the order/s have been dispatched for delivery by the concerned vendor/s whereupon the transaction of sale shall be binding on the User.

Terms for payment and refund

    1. Payments against any order/s placed by the User shall be paid in their entirety in advance by the User to the Company via payment modalities including but not limited to net-banking, debit / credit card, electronic wallets, in-store credit, loyalty / gift cards or any other prevailing payment modes provided by the Company.

  1. Refund of any payment received by the Company from the User shall be made within 30 (Thirty Days) to the User, subject to deduction of any direct expenses and / or shipping costs involved therein, in exact amount paid by the User and by reversing the same modality of payment implemented by the User or alternatively offered as in-store credit if opted for by the User, but in no event shall any refunds be convertible, transferrable, or redeemable in terms of cash or any other modality of credit whatsoever.

Return, Exchange, and Refund Policy

    1. We are committed to delivering a quality product to you. In unfortunate condition if you receive a wrong/damaged product or if you identify a manufacturing defect on the received product, or if you have a size mismatch issue then you can request a return/exchange within 48hrs from the day you received a product.

    1. You can initiate a Return/Exchange request by writing to us at contactus@tinycubs.co.in.

    1. We request you to send a photograph of the received product along with the order number and reason for return/exchange. Please make sure that the product is in the same condition that you have received. It should be with its original packaging, tags, and its labels.

    1. After receiving a return/exchange request, if the product is returnable/exchangeable, we will arrange a reverse pick-up. It usually takes about 2-3 working days to organize a pickup and 7-10 days for delivery at the seller’s warehouse. We will send you a confirmation mail once the product is received at the seller's end.

    1. Once the product is back at the seller’s warehouse, his quality assurance team will check the product for its validity and the refund/exchange process will get initiated within 2-3 days of receiving it.

    1. Please note that only 1 exchange per order is allowed. Some products such as Diapers, Training Pants, Discounted Products are not eligible for return/exchange.

    1. In case of a return request, you will receive a refund payment after deducting reverse shipping charges in the original payment account within 7-14 days.

    1. For any queries do not hesitate to write to us at contactus@tinycubs.co.in or call/WhatsApp on +91 9819002800. We are always happy to have feedback from you.

Usage of the Service Platform / User Accounts

    1. The User’s access / usage of the Service Platform, and creation / maintenance of user account with the Service Platform, and continuity thereof, shall be subject to ongoing approval by The Company.

    1. Responsibility to comply with all applicable legislations in the User’s jurisdiction for said access, usage, subscription and consequences thereof shall rest solely with the User. The Company will not be obligated to monitor or supervise the User’s activity on the Service Platform.

    1. The Service Platform is not designed or intended for use by people under the age of 18 (Eighteen) years without the explicit consent of a parent or guardian and the responsibility of ensuring the same shall rest solely with the User.

  1. Access to certain areas of the Service Platform and/or Service may be restricted subject to access control measures implemented by the Company. The User agrees to abide by these restrictions and warrants that the login ID, password and any further content allotted for authentication/ security purposes shall be kept confidential at all times. The Company may, at sole discretion, deny/ alter/ disable the User’s access and/or subscription to the Service Platform and/or Service at any time without notice or explanation.

Acts prohibited on part of the User

  1. The User shall behave in a civil and respectful manner at all times while using the Service Platform and absolutely refrain from following acts while using and/or accessing the Service Platform-
    1. Posting, using or transmitting content to which the User has no lawful title or rights, or is in anyway detriment to the functioning, reputation of the Service Platform, vendors of the Company, other users of the Service Platform and / or an third party whomsoever;
    2. Modify, copy, frame, claim alliance, mirror contents, resale products or otherwise co-brand the Service Platform for any reason and / or interfere with any other party’s use and enjoyment of the same.

Cookies and linking

    1. The Company uses cookies to monitor access and usage statistics of the User and issue updates and promotional content to the User. The User shall be required to accept such files as part of accessing and continued usage of the Service Platform.

  1. The Service Platform may include links to third party Service Platforms and payment gateways (the “Third Party Services”) which, the User shall note and agree, are provided only as a convenience to the User and are not endorsed or controlled by The Company, but the access of said Third Party Services on the Service Platform by the User shall also deem the User to separate agreements, terms and policies of said Third party services, which the User is highly recommended to independently verify and confirm before choosing to access / act upon / use said Third Party Services.

Accuracy of information and discrepancies

    1. The Service Platform makes certain information and material available to the User for allowing purchase of products, either through The Company, its vendors or otherwise which information and material is provided “AS IS” and has not been prepared by taking into account the particular objectives, situation or needs of any individual users, climatic conditions, allergies etc, and except warranties provided by the Company’s Vendor/s, is without warranties of any kind either express or implied in terms of their correctness, accuracy, timeliness, suitability, reliability, or otherwise whatsoever. The User is encouraged to verify all facts with the Company before placing order/s via the Service Platform.

  1. Attributes, including colors, dimensions, sizes, feel etcetera of Products listed on the Service Platform may appear different depending on type and / or configuration of electronic display used by the User, and hence may not match the actual deliveries. The Company shall have no liability in this regard, nor obligation to undertake return / refunds on order/s rejected by the User on this ground.

Intellectual Property Rights

    1. All intellectual property rights in and to the contents and operations of the Service Platform including without limitations text, graphics, logos, button icons, images, software, films, audio clips, downloads, interfaces, code, software, and the compilation of all content on the Service Platform, irrespective of being formally registered and/or unregistered, are the exclusive property of The Company, its affiliates, or its licensors as applicable and are protected by pertinent domestic and international laws.

  1. No part of the Service Platform may be copied, reproduced, modified, transmitted, stored or exploited for commercial gain, as part of any other Service Platform or in any other form, whether electronic or otherwise, without the prior written consent of The Company, and any contravention thereof shall be strictly dealt with under provisions of intellectual property laws, the laws of privacy and publicity, communication regulations and other statutes.

Updates

  1. The Company possesses the right to alter these T&C as needed from time to time. When such an alteration occurs, a notice of the alteration will be listed on the Service Platform of which the responsibility to regularly view shall be solely that of the User. The Company shall be under no obligation whatsoever to personally inform the User of any update or collect explicit consent of the User for the same. Continued use of the Service Platform beyond the date of posting such alteration shall enjoin the User’s acceptance to such revised T&C. In the event of any inconsistency between different versions of the T&C, the latest version shall take precedence.

Governing law, adjudication of disputes and Grievance reporting

    1. These T&C for accessing the Service Platform and relations between the Company and the User are governed exclusively by the substantive laws of India and any dispute thereto shall be subject to the jurisdiction solely of the District Court at Pune for adjudication.

    1. The Company is an entity registered in India and compliant with Indian legislations in making available the Service Platform. Legality, authorizations and consequences of use and/ or accessing the Service Platform from locations outside India will be sole responsibility of the User.

  1. Any grievance/s on part of the User pertaining to the Service Platform may be communicated to the Company using the contact information designated for such purpose being provided on the Service Platform, therein allowing the Company at least 10 (Ten) working days to acknowledge receipt thereof and initiate necessary measures to resolve said grievance/s.

Indemnity, limitations and disclaimer

    1. Role of the Company is restricted only to provision of the Service Platform for transacting orders placed by the User, however the products and their delivery are undertaken directly by vendor/s and shipping partner/s contracted by the Company, and hence the User shall hold the Company absolutely harmless from any accountability or harm in event of any dispute attributable to roles of said vendor/s and / or shipping partner’s.

    1. The Company shall take all reasonable efforts to ensure but does not warrant that all information on the Service Platform is complete, accurate and updated at any time, and shall not bear any liability or claim whatsoever in this regard.

    1. The access, use of, or reliance on any Third Party Service shall be solely and entirely at the risk of the User, wherein the Company shall not be responsible for any transit insurance, levies, payment protection for issues therein, including stolen goods, damaged goods, missed or untraceable payments or payments made using stolen payment cards, compromised payment modalities, or payments made by unauthorized persons.

    1. The Company will do it's best to verify the content published on the Service Platform, but will not be accountable or in any way responsible for errors or misstatements or otherwise be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special losses, or loss of profits) arising contents of the Service Platform, Third Party Services, content generated by other users of the Service Platform, and / or any order/s placed through the Service Platform and /or the liabilities consequential to involvement by the User of any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the government and other statutory bodies in India. The User expressly releases The Company from all claims arising thereto, and in all eventualities, the User’s sole and exclusive remedy for any of the foregoing or any dispute with The Company and its vendors and affiliates shall be to discontinue access / use of the Service Platform.

  1. The foregoing notwithstanding, and under all circumstances whatsoever, the cumulative liability of the Company pertaining to any User shall be limited to Rs. 1000/- (Rupees One Thousand Only) or the maximum of commission earned by the Company from the latest order placed by the User, whichever less.

General

    1. Headings in these Terms of Use are for convenience only and do not affect the interpretation of these terms and conditions.

  1. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions.
If you have any questions, concerns or complaints in relation to the Service Platform or the Terms of Use please contact Tinycubs by sending an email to contactus@tinycubs.co.in.