Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
www.physome.com (“Website”) is an Internet based portal owned and operated by FINERISE TECHNOLOGY LLP, a sole partnership registered under the shops and establishment act 1958, with its office at Surat, India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by FINERISE TECHNOLOGY LLP at its sole discretion and posted on the Website.
This ‘User Agreement’, which is intended to be a legally binding contract governs the User of the Physome.com services and the website and contains the following:
- Terms of Sale: this governs your purchase of the services and products.
- Subscription Terms & Conditions: this governs the term and conditions that apply to the Subscription of the Item(s) and game(s) from physome.com.
By using, visiting, or browsing our website, you agree that you are of legal age to enter into binding contracts, have read, understood and are bound by the User Agreement. If you do not want to be bound by this User Agreement, you should not use this Website or conduct any sale/purchase transaction.
References to “you”, “User”, “Member”, “Subscriber” shall mean the end user accessing the Website, its contents and using the Functionalities offered through the Website, “Item” means any Item/Activity(s). “Service Providers” mean independent third-party service providers or merchants, and “we”, “us”, “FINERISE TECHNOLOGY LLP”, “Pysome.com” and “our” shall mean FINERISE TECHNOLOGY LLP
How Our Service Works
www.physome.com (“Website”) is an Internet based portal owned and operated by FINERISE TECHNOLOGY LLP, a sole partnership registered under the shops and establishment act 1958, with its office at Surat, India, to provide its members with access to a large variety of stimulating and unique Item for kids of all age. Our carefully chosen Item are focused on promoting early age learning like fine motor, sensory, cognitive, Physical, Social, Mental and emotional development. You can order/subscribe any toy/game/subscription from our online catalogue and pay using a variety of options such as Net Banking, Credit/Debit cards, UPI, major Mobile Wallets and COD option (If available). Once we receive your payment, we will ship the selected toy/game/activity via our logistic partner and you shall receive it within few days of placing order. The Subscription/Buying duration is minimum of 7 days and is calculated as number of days between delivery date and pick up request date. The pickup will be done by our logistic partners and the applicable refunds will be issued to you depending on the condition of the returned toy/game/activity and the Subscription/Buying duration.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Surat, Gujarat India.
If you come across any abuse or violation of these Terms, please report to email@example.com
Terms of Sale: this governs your purchase of the services and products
- By submitting the membership registration form, you are expressly agreeing that we are permitted to bill you the required fees (Refundable deposit and Monthly Subscription/Buying Charges depending on your selected plan), any applicable tax and any other charges that may be applicable in connection with the use of our service.
- The members will have to pay the charges through any of the mode of payment prescribed on the website.
- The members will have to pay the charges for the selected duration before the start of the service.
- Our members can opt to receive/return the Item at/from their shipping address by paying the delivery charges as advised on the website if applicable.
- The Item received in damage condition or missing pieces or the purchase of previously used Item or service level changes the subscriber request, will attract additional charges.
- Member is responsible for damage to Item due to abuse, misuse, or negligence. Member agrees to pay the charges to repair Item so damaged, and incurred shipping charges, if the damage is repairable. Item(s) shall be returned to us in good condition and repair, wear from reasonable and proper use excepted. Upon return, member must certify that Item(s) is free from contamination. Member is responsible for loss or damage to Item from theft, mysterious disappearance, fire or any other cause. In accepting liability for the safe keeping of all Subscribed Item, member agrees to pay us the replacement cost (as determined by manufacturer’s current list price) of any such equipment which Customer is for any reason unable to return to us at the end of the Subscription/Buying period. Subscription/Buying charges will continue beyond the specified Subscription term, at the monthly Subscription charge, until the Item is returned or Customer reimburses Physome.com for the replacement cost of the Item.
- FINERISE TECHNOLOGY LLP is entitled to deduct any dues from the security deposit and the dues could be due to following but not limited to – damage to the Item or in the event of non-payment of Subscription charges or other due amounts as may be intimated to you from time to time. In the event of any dues, you will be notified in advance and will have 7 days to make the payment. In case if we don’t receive the payment in defined time, the dues will be deducted from your refundable deposit. The right to make adjustments from the Security Deposit shall not preclude our 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 us.
User Account, Password, and Security
The Website requires you to register as a User by creating an Account in order to use the services from the Website. You will receive a password and account designation upon completing the Website’s registration process. You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FINERISE TECHNOLOGY LLP of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FINERISE TECHNOLOGY LLP cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
The Member Conduct on the Physome.com Web Site
By accessing our Web site, you agree to use the Physome.com service, including all features associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, the User agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Web site.
You agree and undertake to use the Website only to post and upload material that is proper. By way of example, and not as a limitation, you agree and undertake that when using the Website, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer
- Conduct or forward surveys, contests, pyramid schemes or chain letters
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
- Violate any applicable laws or regulations for the time being in force in or outside India
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein and
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
- Notwithstanding anything to contrary, FINERISE TECHNOLOGY LLP’s entire liability to you shall be the refund of one month Subscription charged from you for specific Subscription plan you have opted, under which the unlikely liability arises. Under no circumstance shall FINERISE TECHNOLOGY LLP be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, FINERISE TECHNOLOGY LLP owns all Intellectual Property Rights to and into the trademarks “FINERISE TECHNOLOGY LLP” and “Physome.com”, 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. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to FINERISE TECHNOLOGY LLP without obtaining authorization from FINERISE TECHNOLOGY LLP.
- Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.
Intellectual Property Rights
Disclaimers of Warranties and Limitations on Liability
FINERISE TECHNOLOGY LLP has endeavoured to ensure that all the information on the Website is correct, but FINERISE TECHNOLOGY LLP neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall FINERISE TECHNOLOGY LLP be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall FINERISE TECHNOLOGY LLP be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, FINERISE TECHNOLOGY LLP shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond FINERISE TECHNOLOGY LLP’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
In no event shall FINERISE TECHNOLOGY LLP, its shareholders, directors, officers, or employees be liable (jointly or severally) to this web site members for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of our Web site, its contents or our service, including any features associated therewith. In no event shall our total liability to the member for all damages for losses arising from the use or inability to use our Website, its contents or our service, including any features associated therewith exceed the amount of one month’s Subscription fee on the member Subscription plan.
Use of Information Submitted
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including, without limitation, responses to questionnaires or through postings to our Web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Web site or other Web sites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future. Please note we do not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us.
Links to Other Sites
Some of the hyperlinks and banners on our Web site may lead to other Web sites that are not controlled by, or affiliated with, FINERISE TECHNOLOGY LLP. In addition, other Web sites may link to our Web site too. We have not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites. Our Web site contains links to sites operated by third parties whose policies regarding the handling of personal information may differ from ours. While we endeavour to associate with reputable sites, we cannot be responsible for the information handling practices of these other sites.
- Subscription Terms & Conditions: this governs the term and conditions that apply to the Subscription of the Item from Physome.com.
- The Website (www.Physome.com) provides you access to large variety of Item on rent and we don’t have any role in their manufacturing. Though, we use our criteria to select Item which are safe for kids, we are not providing any warranties or assurances on the safety, usability, condition or otherwise of the Item being subscribed/sold out by it. Also, we highly recommend you to be fully aware of the warranties & representations and terms & conditions and instructions stated by the manufacturer of the Item.
- Item manufacturer’s name is same as printed on the Item and might be repackaged by us after cleaning & Sanitization of the Item.
- Though, the website categorise the Item based on age as guided by the manufacturers of the Item, you shall examine the Item to decide if the same is appropriate to be used by your kid safely and without any risk whatsoever, either to himself, or to those around him.
- The guardian supervision is must while child is playing with the Item and neither FINERISE TECHNOLOGY LLP or its Directors, employees will have a liability on the account of usage of the Item.
Right to Terminate
We reserve the right to terminate or restrict the subscriber use of our service, without notice, for any or no reason whatsoever. Limitations on Use The subscriber must be 12 years of age or older to subscribe to the Physome.com service. While individuals under the age of 12 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified, the content on our Web site is for member’s personal and non-commercial use. Physome.com member may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Web site without our express written consent.
If you or FINERISE TECHNOLOGY LLP terminates your use of the Website, FINERISE TECHNOLOGY LLP may delete any content or other materials relating to your use of the Website and FINERISE TECHNOLOGY LLP will have no liability to you or any third party for doing so.
Treating our Item gently and keeping them in the best possible shape is an essential part of the Physome.com, Members must adhere to the following Care Policies:
- Members are to wipe down any Item with visible debris i.e. food, dirt, etc. before shipping the Item back to Physome.com.
- Unless an Item is a bath-time Item, Physome.com Item are not for in-water use.
- Unless an Item is a high-chair, please do not allow the subscriber children to handle the Item with food.
- Physome.com Item are not for use in mud, sand or dirt.
We give utmost care to your child safety and committed to cleaning and fully sanitizing each Item before it is shipped. Any Item that is returned heavily soiled i.e. smeared with jelly, ketchup, etc. or corroded with sand or dirt may result in any additional cleaning fee may be applied per soiled Item. If we are unable to get any Item returned by a member clean enough to remain in the program, the Item will be shipped back to the customer and the customer will be billed for cost of the Item plus the cost of shipping.