I HAVE COME TO KNOW OF THE BUSINESS ENTITY CALLED 'TOY TUTOR', WHICH IS IN THE BUSINESS OF RENTING OUT TOYS FOR CHILDREN. SUCH TOYS BELONG TO VARIOUS COMPANIES AND BRANDS AND ARE NOT MANUFACTURED BY TOY TUTOR AND ARE RENTED OUT TO MEMBERS OF THE TOY TUTOR SCHEME.
AFTER UNDERSTANDING ALL THE TERMS AND CONDITIONS, INCLUDING THE PRICING, THE RENTS ETC., I AM NOW KEEN ON BECOMING A MEMBER OF THE 'TOY TUTOR SCHEME'. DURING THE DURATION OF MY MEMBERSHIP AND THEREAFTER, I ACKNOWLEDGE THAT I AM RENTING THE TOYS AFTER READING, UNDERSTANDING AND ACCEPTING THE FOLLOWING DISCLAIMERS/TERMS AND CONDITIONS AS ALSO THE VARIOUS POLICIES OF TOY TUTOR[WHICH POLICIES MAY BE AMENDED BY TOY TUTOR FROM TIME TO TIME, AND WHICH AMENDMENTS I AGREE TO ACCEPT]:
TERMS AND CONDITIONS/DISCLAIMERS
- (i) That the toys that would be taken on rent by me are on 'as is where basis' is and neither 'Toy Tutor' nor any of its Partners or employees have any role in their manufacture. Accordingly, 'Toy Tutor' is not providing any warranties or assurances on the safety, usability, condition or otherwise of the toys being rented out by it. I further state that at the time of taking the toy on rent, I would make myself fully aware of the warranties & representations and terms & conditions and instructions stated by the manufacturer of the toys.
- (ii) That the toys that would be taken on rent by me are manufactured by the Company that is stated on the toy itself or on the package. They might have been re-packaged by 'Toy Tutor' but 'Toy Tutor' has no role whatsoever in their manufacture or maintenance. I acknowledge that no liability whatsoever would lie on Toy Tutor, for any reason whatsoever attributable to the manufacture of the toy, materials used for manufacture, the toy's usability, the manner of its re-packaging, etc.
- (iii) That before taking on rent any toy, it shall be my responsibility to examine the toy as well as its packaging and it shall be upon me to come to the clear conclusion that the same can be used by my ward/child safely and without any risk whatsoever, either to himself, or to those around him. My taking the toy on rent shall be taken to mean that I have satisfied myself that the toy [along with its packaging] can be used by my ward/child safely and without any risk whatsoever, either to himself, or to those around him.
- (iv) I acknowledge that the toy that would be rented by me from 'Toy Tutor' would be handled by my ward/child under my strict supervision and neither Toy Tutor, nor any of its Partners or Employees would be fastened with any liability whatsoever on account of the usage of the toy [including its packaging].
- (v) I acknowledge that each time that I take a toy on rent, it would amount to a specific admission by me that the toy being rented by me is, at the time of renting, in good condition. It shall be my responsibility to ensure that the toy is kept in good condition during the Rent Period or any subsequent period prior to its return by me to 'My Easy Play'. TOY TUTOR or anyone authorized by it shall be the sole judge of whether any particular toy has been damaged during the Rent Period or any subsequent period prior to its return by me to 'Toy Tutor'.
- (vi) I shall be entitled to take on rent ( as per the subscription plan in toy tutor website) the number of toys as per the membership plan selected by me, unless 'Toy Tutor' permits otherwise. Each time I take a toy on rent, I shall be entitled to keep it for a period of 4 weeks starting from the date of renting [hereinafter and herein before referred to as 'Rent Period']. This period may be renewed at my request, but at the discretion of 'Toy Tutor' [after taking into consideration aspects such as demand from other members for the same toy].
- (vii) The security deposit that is to be placed by me with Toy Tutor; rentals for the Rent Period; fine amounts in case of retention of toys beyond the Rent Period, toys which I would be entitled to rent, etc. would be as per the plan chosen by me or other policies of 'Toy Tutor' [as may be specified from time to time]. I specifically accept that the terms of the plan chosen by me may be modified by 'Toy Tutor' from time to time.
- (viii) At the time of taking membership with TOY TUTOR I have placed with TOY TUTOR a Security Deposit that TOY TUTOR shall be entitled to retain at all times during the term of this Agreement. In the event of any damage to the toy or in the event of non-payment of rental charges or other fine amounts as may be intimated to me from time to time [as per TOY TUTOR policy], or if any amount otherwise becomes due from me to Toy Tutor, TOY TUTOR shall be entitled to deduct such unpaid amount from the aforementioned Security Deposit. Under such circumstances, in order to continue my membership, I would be required to immediately pay such amount so that the Security Deposit amount shall be always is maintained. The right to make adjustments from the Security Deposit shall not preclude Toy Tutor's rights to take such other suitable legal action that may otherwise be available to it, nor would it be taken to mean that the amount retained as Security Deposit indicates the upper limit of the amounts recoverable by Toy Tutor.
- (ix) My membership may be terminated by TOY TUTOR at any time without assigning any reasons. Upon such termination, I would be liable to pay to Toy Tutor, the unpaid amounts, if any, as also, to return all un-returned toys, if any. Similarly, TOY TUTOR shall be required to refund the Security Deposit, after adjustment of all unpaid amounts, within 10 working days from the date of the termination of membership.
- (x) I agree and acknowledge, not withstanding anything else contained elsewhere, that I shall not have a right to demand any toy which is otherwise not available. 'Toy Tutor' does not make any assurance as to the number or type of toys that would be made available.
- (xi) During the term of my membership, all communication to be sent to me may be sent to my address as intimated by me to TOY TUTOR or to be communicated through email to the email id as provided to TOY TUTOR at the time of registration.
- (xii) Buying products will be delivered within next seven business working days.
I have clearly read the terms and conditions that I would be bound by the same. I further agree to be bound by all policies that 'Toy Tutor' may come up with on a later date.