Terms & Conditions
Welcome to the www.thetoystore.com (the "Website") website terms and conditions for use. These terms and conditions apply to the use of this Website, which is owned and operated by RM Brands DMCC ("we", "us", "our") and by accessing this Website you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. Nothing in these terms and conditions affects your statutory rights, either as a consumer or otherwise.
"Conditions" means these terms and conditions;
"Users" means the users of the Website collectively;
"Personal Information" means the details provided by you on registration;
"We/us" means RM Retail;
"Website" means the website located at www.thetoystore.com or any subsequent URL which may replace it;
"Cookies" means small text files which our Website places on your computer's hard drive to store information about your session and to identify your computer; and
"You" means a user of this Website.
3. Your Profile
You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.
By entering the information, you warrant and represent that the details you provide us with on registration are correct and complete and inform us immediately of any changes to those details (e.g. change of email).
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content at our discretion..
4. Alterations to the Website and Conditions
You will be subject to the Conditions that are in force at the time you use the Website.
If any of the Conditions forming the contract between us is deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining Conditions.
5. Proprietary Rights
The material on the Website, including but not limited to all content, the Website design, text, graphics, copyright, design rights, patents, inventions, know-how, database rights, trade marks, source codes and any other intellectual property rights in any of the foregoing, (the "Content") is owned and controlled by us or our licensors. Unless otherwise provided for in these Conditions or in writing on the Website, the Content may not be modified, reproduced, published, posted, transmitted, sold or distributed in any way without our prior written consent.
“The Toy Store” and its logo are trademarks of [insert] in the United Arab Emirates [and other countries? ]. Trademarks belonging to other trade mark owners also appear on the Website. We disclaim any proprietary interest in trademarks, service marks and trade names other than our own. Unauthorized use or reproduction of any of these trademarks is strictly prohibited.
Material on the Website is solely for your personal, non-commercial use. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of our copyrights, trademarks and other proprietary rights and is prohibited.
Any modification of the Content, in whole or in part, is strictly prohibited.
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not normally made available through the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contain any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website.
You agree not to:
- use this Website in violation of any applicable law or regulation and you acknowledge and understand that such action could lead to prosecution by the relevant authorities;
- use this Website to transmit, distribute, store or destroy material, including without limitation the Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of us or any third party;
- copy or adapt the HMTL code in the Content, or attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website, or frame or mirror any Content or other information available from the Website; and/or
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contain any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Website and your account for any reason, including without limitation:
- attempts to gain unauthorized access to the Website or assistance to others' attempting to do so;
- overcoming software security features limiting use of or protecting any content of the Website;
- discontinuance or material modification of the Website or any service offered the Website;
- violations of these Conditions;
- suspected or actual copyright infringement;
- unexpected operational difficulties.
You undertake that at no time shall you interfere with the security of the Website, its services, system resources or network. Furthermore, you shall not use the Website in any manner that could damage, overburden or impair the Website nor harvest or otherwise collect any information about the uses.
7. Third Party's Websites
The Website may contain links to third party websites. Access to these websites is at your own risk and we are not responsible for the availability, accuracy or reliability of the content of that website or a link contained within that website.
We do not recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Website, or products or services of any third parties mentioned or described on the Website or linked to or from the Website. We are not responsible for third party sites and you acknowledge that you enter any third party sites at your own risk.
This Website may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.
You agree to hold us harmless and indemnify , its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of this Website, including, but not limited to those brought by you or on your behalf in excess of the liability described below, or by third parties as a result of your breach of these Conditions or any documents referenced in the Conditions, your violation of any law or the rights of a third party.
9. No Warranty; No Liability
The Website and its content are provided on an "as is" and “as available” basis and, to the extent lawful, with no warranties whatsoever. We expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.
To the maximum extent permissible by applicable law, RM Retail, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in way connected with, the use or inability to use the Website and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we are advised of the possibility of such damages.
We are not responsible for, and to the maximum extent permissible by applicable law, we exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from participation or downloading materials or other use in connection with the Website.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all, or any part of, the Website at any time for any reason and without prior notice.
If you breach these Conditions and we take no action, we are still entitled to take action at a later date if you are in breach again.
11. Privacy and Communications
To fulfill our obligations to you under these Conditions we will communicate with you by email and by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
12. Force Majeure
Neither of us shall be liable to the other under these Conditions or any other agreement between the parties, for any loss or damage which may be suffered due to any cause beyond reasonable control including without limitation any act of God, exceptionally severe weather, failure or shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance (other than those of the parties), the act or omission of government, highways authorities, other telecommunications operators or administrators or other competent authority, war, military operations, acts of terrorism or riot, royal demise etc.
Any party engaged in illegal activities involving the use of this Website will be subject to prosecution. We do not guarantee that we will be able to prevent any illegal or inappropriate use of the Website, nor will we give notice of any illegal or inappropriate use of the Website.
14. Limitation of Liability
We accept no liability for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from you access to, use of, inability to access or reliance on the Website or its content.
We may at our discretion suspend or terminate operation of the Website for maintenance or other reasons. In addition, technical and other issues may make the Website unavailable from time to time. We make no commitment, warranty or guarantee that the Website will operate in a timely, uninterrupted or error-free manner. We may also in our discretion modify the features, availability, operation and/or look and feel of the Website from time to time without notice to you.
Our liability to you under these Conditions will not exceed the total price charged for the items purchased in the transactions that gave use to the liability. Nothing in these Conditions excludes our liability to you for personal injury or death caused by our negligence.
15. Governing law and Jurisdiction
By accessing the Website you agree that these Conditions and the relationship between us will be governed by and construed in accordance with the laws in force in the emirate of Dubai, United Arab Emirates. You agree to submit to the non-exclusive jurisdiction of the courts of Dubai, as do we.