Terms of service

TERMS OF SERVICE

 

Effective Date: 1 September 2025

 

These Terms of Service (“Terms” or “ToS”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Tinymart Global Private Limited (“Tiny Trolly”, “we,” “us,” “our,” or “Company”), a company incorporated under the Companies Act, 2013, with its registered office at 311, Tower C, Bhutani Cyber Park, Sector 62, Noida, Uttar Pradesh, India. These Terms govern your access to and use of our e-commerce marketplace at www.tinytrolly.com (the “Platform”), including any features, content, or related services (collectively, the “Services”).

 

1.        Introduction

 

1.1.     These Terms constitute an electronic record within the meaning of the Indian Contract Act, 1872, the Information Technology Act, 2000, and the rules made thereunder, as amended from time to time (“IT Act”) and do not require any physical or digital signatures.

 

1.2.     By accessing, browsing, registering on, or otherwise using the Platform or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies referenced herein or made available on the Platform (collectively, the “Policies”).

 

1.3.     Your continued use of the Platform or Services after the effective date of such amendments shall constitute your acceptance of the revised Terms. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to the Terms (as amended from time to time), you must immediately discontinue access to the Platform and use of the Services. We reserve the right to amend, update, or modify these Terms or the Policies at our sole discretion, at any time and without prior notice. Any such changes shall be effective upon being posted on the Platform, and the “Effective Date” will be updated accordingly. Where changes are material, we may also notify you via email or through notifications on your registered account dashboard.

 

1.4.     The Platform operates as an asset-light e-commerce marketplace, enabling Users to connect with third-party partner brands and sellers of maternity, parenting, and childhood essentials. The Company facilitates the listing, marketing, logistics, payments, and customer support relating to such products, but does not manufacture or directly sell such products, unless expressly specified.

 

1.5.     The Services are offered solely within the territory of India. We accept and process orders only within India, and delivery of products is strictly limited to locations within India. Users accessing the Platform from outside India do so at their own initiative and responsibility, and the Company shall not be liable for compliance with any foreign laws.

 

1.6.     We operate the Platform as an online marketplace and, in this capacity, acts solely as an “intermediary” as defined under Section 2(w) of the IT Act. In accordance with Section 79 of the IT Act, we claim all limitations of liability, statutory exemptions, and “safe harbour” protections provided thereunder.

 

1.7.     Accordingly, Tiny Trolly shall not be liable for any third-party information, data, content, or communication link made available or hosted on the Platform, including but not limited to product listings, reviews, advertisements, user-generated content, or communications between buyers and sellers, when such content is provided by third parties.

 

1.8.     Tiny Trolly does not initiate the transmission, select the receiver of the transmission, or select or modify the information contained in the transmission on behalf of third parties. Tiny Trolly exercises due diligence as prescribed under applicable law, including adherence to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and shall act expeditiously to remove or disable access to unlawful content upon obtaining actual knowledge or upon receiving a legally compliant notice from appropriate authorities.

 

1.9.     Nothing in this Policy or Platform usage shall be interpreted to override the statutory rights and obligations arising under Section 79 of the IT Act or any related rules as may be amended from time to time.

 

2.        Privacy Practices

 

Our Privacy Policy, available at https://www.tinytrolly.com/policies/privacy-policy, governs the collection, use, processing, and protection of your personal data. By accessing the Platform or using the Services, you consent to the practices outlined in the Privacy Policy, which may be amended at our discretion. You acknowledge that your personal data will be processed in accordance with the Digital Personal Data Protection Act, 2023 (“DPDPA”) and other applicable laws of India, and you are responsible for reviewing the Privacy Policy regularly.

 

3.        Eligibility and Account Responsibilities

 

3.1.    Eligibility

 

To access or use the Services provided by us through our Platform, you must meet the following eligibility criteria:

 

(a)      Age Requirement: By accessing or using the Platform, you represent and warrant that you are at least eighteen (18) years of age. If you are a minor (i.e., under eighteen (18) years of age), you may access and use the Platform only under the supervision of your parent or legal guardian, who shall be deemed to have accepted these Terms on your behalf and shall be responsible for your actions. We do not knowingly collect, solicit, or process personal information from minors without appropriate parental or guardian consent. If we become aware that we have inadvertently collected personal information from a minor without such consent, we reserve the right to delete such information and restrict the minor’s access to the Platform. 

 

(b)     Accurate Information: You agree to provide accurate, complete, and current information during account registration, order placement, or any other interaction with the Services. This includes, but is not limited to, your name, email address, phone number, and shipping address. If any of this information changes, you agree to update it promptly to keep it accurate and up to date. Providing false, misleading, or incomplete information may result in suspension or termination of your account and may expose you to liability under applicable laws. In such cases, the Company will not be responsible for any delay or non-fulfilment of the Services.

 

(c)      Legal Capacity: You must have the legal capacity to enter into a valid and binding contract under the provisions of the Indian Contract Act, 1872. By accessing or using the Services, you represent and warrant that you are not disqualified or otherwise barred from entering into this agreement under any applicable law, including, without limitation, on account of minority (without requisite parental or guardian consent), insolvency, unsoundness of mind, or any subsisting court order or legal prohibition. If you are accessing or using the Services on behalf of another individual or a legal entity, you further represent and warrant that you are duly authorized to bind such individual or entity to these Terms, and you agree to be personally responsible, jointly and severally with such individual or entity, for any liabilities, losses, or damages arising out of unauthorized, unlawful, or wrongful use of the Services.

 

(d)     Compliance with Laws: You agree to use the Services in strict compliance with all applicable laws, regulations, and guidelines, including those related to e-commerce, consumer protection, and data protection in India. Any use of the Services for unlawful purposes, including but not limited to fraud, misrepresentation, or violation of third-party rights, is strictly prohibited and may result in termination of access and legal action.

 

(e)      No Prior Restrictions: You confirm that you have not been previously suspended or prohibited from using the Services or any similar platform operated by us or our affiliates due to violations of terms, policies, or applicable laws. We reserve the right to refuse access to any User who has been barred from our Services or who poses a risk to the Platform’s integrity, security, or operations.

 

We reserve the right to verify your eligibility at any time, including through identity verification processes, to ensure compliance with these Terms and applicable laws. Failure to meet any of these eligibility criteria may result in immediate suspension or termination of your account and access to the Services, without prior notice, at our sole discretion. You acknowledge that we are not liable for any losses or damages arising from such suspension or termination due to your non-compliance with these eligibility requirements.

 

3.2.    Account Responsibilities

 

As a User of the Services provided by us, you are responsible for maintaining and securing your account in accordance with the following terms. These responsibilities are to ensure the integrity, security, and lawful operation of the Platform, in compliance with the DPDPA, the IT Act, the Consumer Protection Act, 2019, and other applicable Indian laws.

 

(a)      Registration: To access certain Services, such as placing orders, tracking purchases, or managing preferences, you may be required to create an account on the Platform. You agree to:

 

(i)        Provide accurate, complete, and current information during registration, including but not limited to your name, email address, phone number, and billing/shipping address.

(ii)      Promptly update your account information to reflect any changes, ensuring its accuracy at all times.

(iii)     Acknowledge that providing false, misleading, or incomplete information may result in the suspension or termination of your account, denial of access to the Services, and potential liability under applicable laws, including but not limited to the Indian Contract Act, 1872, and the Consumer Protection (E-Commerce) Rules, 2020.

(iv)     We reserve the right to verify the accuracy of your information and reject or cancel registrations that fail to meet these requirements, at our sole discretion.

(v)      We reserve the right to verify the accuracy of your information and reject or cancel registrations that fail to meet these requirements, at our sole discretion.

 

(b)     Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other access codes. You agree to:

 

(i)        Safeguard your credentials and do not disclose them to any third party.

(ii)      Assume full responsibility for all activities conducted under your account, whether authorized by you or not.

(iii)     Notify us immediately at team@tinytrolly.com of any unauthorized use, suspected security breach, or compromise of your account credentials.

 

In the event of a confirmed or suspected security breach, we may require you to change your password, temporarily suspend, or permanently terminate your account without any liability to us, to protect the Platform and other Users. You acknowledge that failure to report unauthorized access promptly may result in your liability for any resulting damages or losses, to the extent permitted by law.

 

(c)      Representation: If you access or use the Platform on behalf of another person or entity (e.g., purchasing products for a family member), you represent and warrant that:

 

(i)        You have the legal authority to bind that person or entity to these Terms.

(ii)      You accept full liability for any harm, loss, or damage caused by unauthorized or wrongful use of the Services under your account, including any breach of these Terms or applicable laws.

(iii)     If the person or entity you represent refuses to be bound by these Terms, you agree to, without limitation, indemnify and hold us harmless for any resulting claims or liabilities, as detailed in the “Indemnification” section.

 

(d)     Prohibited Uses: You agree to use the Platform strictly in accordance with these Terms, applicable laws including but not limiting to the Information Technology (Intermediary Guidelines) Rules 2011 issued under the IT Act. You shall not host, display, upload, modify, publish, transmit, update, share, or otherwise make available any information, content, or material on the Platform that:

 

(i)        Belongs to another person and to which you do not have any right;

(ii)       Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy (including bodily privacy), insulting or harassing on the basis of gender, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner;

(iii)      Harms minors in any way;

(iv)      Infringes any patent, trademark, copyright, or other proprietary rights;

(v)       Violates any law in force, including the IT Act, the DPDPA, or any applicable rules or regulations;

(vi)      Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(vii)     Impersonates another person or entity, or misrepresents your affiliation with any person or entity;

(viii)   Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;

(ix)      Threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign States, or public order, or incites the commission of any cognizable offence or prevents investigation of any offence or insults any other nation; or

(x)       Is otherwise inconsistent with, or contrary to, the rules, guidelines, or requirements prescribed under the IT Act and the Intermediary Rules.

 

Without prejudice to the above, you further agree not to:

 

(i)        Use another User’s account or allow others to use your account without our prior written consent;

(ii)       Submit fraudulent orders, manipulate pricing, or otherwise engage in deceptive practices;

(iii)      Use automated tools, including bots, spiders, or scripts, to access, extract data, or interfere with the Platform, except through standard web browsers; or

(iv)      Engage in any activity that undermines the integrity, security, or lawful operation of the Platform.

 

We reserve the right to suspend or terminate your account without prior notice for any violation of these prohibitions, at our sole discretion. We may also report such violations to law enforcement authorities, including the Indian Computer Emergency Response Team (CERT-In), and cooperate fully in any investigations, as required under Section 79 of the IT Act or other applicable laws.

 

(e)      Account Monitoring and Termination: We may monitor account activity to ensure compliance with these Terms and applicable laws. If we determine, in our sole discretion, that your account poses a risk to the Platform’s security, integrity, or operations, or violates these Terms, we may:

 

(i)        Suspend or restrict access to your account temporarily or permanently.

(ii)      Cancel any pending orders or transactions associated with your account.

(iii)     Take legal action to recover damages or enforce our rights.

(iv)     You acknowledge that we are not liable for any losses or damages arising from such actions, provided they are taken in good faith and in accordance with applicable laws.

 

(f)       Data Protection Compliance

 

Your account information is processed in accordance with our Privacy Policy, available at https://www.tinytrolly.com/policies/privacy-policy. You agree that any personal data provided during registration or use of the Services will be handled in compliance with the DPDPA and other applicable laws. You are responsible for ensuring that any data you provide, including data related to children, is submitted with proper authority and consent, particularly for minors under 18, as required by the DPDPA.

 

(g)      Liability for Account Misuse

 

You agree to, without limitation, indemnify and hold us, our shareholders, directors, affiliates, employees, and partners harmless from any claims, losses, or damages (including legal fees) arising from the misuse of your account, whether by you or a third party, including but not limited to unauthorized access, fraudulent transactions, or violations of these Terms. This obligation survives account termination, as detailed in the “Indemnification” section. For any account-related issues or to report a security breach, contact our Grievance Officer at team@tinytrolly.com or via registered post addressing the Grievance Officer at our registered office: 311, Tower C, Bhutani Cyber Park, Sector 62, Noida, Uttar Pradesh, India. We will respond to verified requests within the timelines prescribed under applicable laws.

 

4.        Use of the Platform

 

4.1.    Marketplace Nature

 

The Platform operates as an intermediary marketplace, connecting Users with partner brands who list and sell products related to maternity, parenting, and childhood essentials. WE DO NOT OWN, SELL, MANUFACTURE, OR HOLD INVENTORY OF THE PRODUCTS OFFERED ON THE PLATFORM. Instead, we facilitate transactions by providing a digital infrastructure for browsing, ordering, and managing purchases. Key aspects of our role include:

 

(a)      Intermediary Status: As an e-commerce intermediary within the meaning of Section 2(w) read with Section 79 of the IT Act and the rules framed thereunder, we operate the Platform solely as a facilitator of transactions between Users and independent third-party sellers/partner brands. Accordingly, unless expressly specified in these Terms or otherwise mandated by applicable law:

 

(i)        We do not manufacture, own, produce, or directly sell the products listed on the Platform, and we are not responsible for the quality, safety, suitability, merchantability, or regulatory compliance of such products.

(ii)       All product descriptions, warranties, representations, and commitments are provided solely by the respective sellers/partner brands.

(iii)      We shall not be liable for any claims arising out of or relating to the use, misuse, deficiency, defect, non-compliance, or unsuitability of products sold by sellers/partner brands on the Platform.

 

Notwithstanding the foregoing, as a “marketplace e-commerce entity” under the Consumer Protection (E-Commerce) Rules, 2020, we acknowledge our obligations, including but not limited to:

 

(i)        providing clear and transparent disclosures regarding sellers/partner brands and their products;

(ii)       displaying details of sellers/partner brands as required under law;

(iii)      providing grievance redressal mechanisms in accordance with the applicable rules; and

(iv)      taking down unlawful or prohibited content or listings upon obtaining actual knowledge or receipt of a lawful order, in compliance with the IT Act and Consumer Protection laws.

 

(b)     Partner Brand Responsibilities: All products listed on the Platform are offered for sale by independent third-party sellers/partner brands. Partner brands shall be solely and exclusively responsible for:

 

(i)        the accuracy, completeness, and legality of product descriptions, images, specifications, and other content they provide;

(ii)       determining and updating product pricing, discounts, offers, and availability;

(iii)      ensuring the authenticity, quality, safety, suitability, and compliance of products with applicable laws, including packaging, labelling, and statutory declarations;

(iv)      fulfilling orders within the timelines committed to Users;

 

providing post-sale obligations, including installation (where applicable), customer service, returns, exchanges, cancellations, and warranties, in accordance with their respective policies and applicable consumer protection laws.

 

(c)       No Liability, Guarantee and/ or Warranty: The Company does not manufacture, produce, or own the products listed on the Platform. Product images, descriptions, specifications, prices, availability, and other information are provided by partner brands and are displayed on the Platform on an “as is” basis. The Company does not independently verify or guarantee the accuracy, authenticity, completeness, quality, merchantability, or suitability of such information or of the products themselves. Any claims or disputes relating to product defects, deficiencies, misdescription, after-sale services, warranties, or non-compliance shall lie solely against the concerned partner brand and shall be addressed in accordance with the Refund Policy of the Platform and applicable consumer protection laws. The Company shall not, under any circumstances, be held liable for the obligations, representations, or conduct of partner brands, except to the limited extent expressly required under applicable law. Without prejudice to the foregoing, the Company reserves the right, but not the obligation, to remove, suspend, or modify product listings or partner brand offerings at its sole discretion, including where such listings are false, misleading, unlawful, non-compliant, or contrary to these Terms, applicable laws, or Platform standards.

 

4.2.    Permitted Use

 

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, subject to compliance with these Terms and all applicable laws. Permitted uses include:

 

(a)      Browsing product listings and accessing content provided by us or partner brands.

(b)      Placing orders, making payments, and tracking deliveries through the Platform.

(c)       Returning eligible products in accordance with our Refund Policy and partner brand policies.

(d)      Communicating with us or partner brands via designated channels (e.g., chat, email, or customer support) for order-related inquiries or support.

(e)      Participating in promotional offers, loyalty programs, or surveys, subject to additional terms disclosed at the time of participation.

 

You agree to: (i) use the Services in good faith and in compliance with the Consumer Protection Act, 2019, DPDPA, IT Act, and other applicable laws; (ii) provide accurate information during transactions or communications to ensure seamless Service delivery; and (iii) refrain from using the Services for any purpose that violates these Terms, partner brand terms, or applicable laws. Any use of the Services beyond these permitted purposes requires our prior written consent. Unauthorized commercial use, such as reselling products purchased through the Platform, is strictly prohibited and may result in account termination and legal action.

 

4.3.    Prohibited Conduct

 

To maintain the integrity, security, and lawful operation of the Platform, you must not engage in any conduct that disrupts or undermines the Services. Prohibited activities include, but are not limited to:

 

(a)      Distribution of Harmful Content or Software: Using the Platform to distribute malware, viruses, spyware, or any software, code, or files designed to interrupt, destroy, or limit the functionality of the Platform or any user’s device, in violation of Section 43 of the IT Act.

 

(b)      Infringement of Rights or Unlawful Content: Posting, uploading, or sharing content that infringes our intellectual property rights, or that is defamatory, obscene, pornographic, libelous, invasive of privacy, hateful, or otherwise unlawful under Indian laws, including content that threatens public order or national security as per Section 69A of the IT Act.

 

(c)       Interference with Platform Functionality: Engaging in activities that disrupt or interfere with the Platform’s operations, including but not limited to hacking, phishing, data scraping, manipulating pricing or order processes, or overloading servers.

 

(d)      Use of Automated Tools: Using automated tools, scripts, bots, spiders, crawlers, or other mechanisms to navigate, extract data, or interact with the Platform, except for standard web browsers. Such activities violate the IT Act and our Terms.

 

(e)      Fraudulent or Deceptive Practices: Engaging in fraudulent activities, such as submitting false orders, using stolen payment methods, or impersonating another person or entity, which may result in civil or criminal liability under the Indian Penal Code, 1860.

 

(f)       Unauthorized Advertisements or Spam: Distributing unsolicited advertisements, promotional materials, or spam through the Platform’s communication channels (e.g., chat, reviews), which disrupts user experience and violates our policies.

 

(g)      Other Unlawful Activities: Any conduct that violates applicable laws, regulations, or third-party rights, including but not limited to money laundering, gambling, or content encouraging illegal activities, as prohibited under the IT Act, DPDPA, or other statutes.

 

4.4.    Consequences of Violations

 

We reserve the right to take any or all of the following actions in response to violations of this section, at our sole discretion and without prior notice, unless required by law:

 

(a)      Account Suspension or Termination: Immediate suspension or termination of your account and access to the Services, as detailed in the “Termination” section.

 

(b)      Order Cancellation: Cancellation of any pending orders or transactions associated with your account.

 

(c)       Legal Action: Pursuit of civil remedies or cooperation with law enforcement authorities, including reporting violations to the Indian Computer Emergency Response Team (CERT-In) under the IT Act or other regulatory bodies.

 

(d)      Removal of Content: Removal of any User Content that violates these Terms or applicable laws, without liability to us.

 

(e)      Cooperation with Authorities: Full cooperation with government agencies, courts, or regulators to investigate and address unlawful activities, as required under Section 79 of the IT Act or the DPDPA.

 

You acknowledge that we are not liable for any losses or damages arising from such actions, provided they are taken in good faith and in accordance with applicable laws. Violations may also expose you to liability under civil and criminal laws, including penalties under the IT Act, Consumer Protection Act, 2019, or other statutes.

 

4.5.    Monitoring and Enforcement

 

We may, but are not obligated to, monitor User activities and content on the Platform to ensure compliance with these Terms and applicable laws. Such monitoring may include reviewing User Content, transaction patterns, or account activities to detect fraud, security threats, or violations. We reserve the right to enforce these Terms through technological or legal means, including but not limited to blocking IP addresses, disabling accounts, or seeking injunctive relief to protect our rights or the Platform’s integrity. For any issues related to your use of the Platform, including reporting violations or seeking assistance, contact our Grievance Officer at team@tinytrolly.com or via registered post addressing the Grievance Officer at our registered office: 311, Tower C, Bhutani Cyber Park, Sector 62, Noida, Uttar Pradesh, India. We will respond to verified requests within the timelines prescribed under the Consumer Protection (E-Commerce) Rules, 2020, typically 30 days.

 

5.        Pricing and Payments

 

5.1.    Pricing

 

(a)      Partner Brand Pricing: Product prices on the Platform are determined and set by our partner brands, not by us, as we operate as an intermediary under Section 2(w) of the IT Act. Prices are displayed inclusive of applicable taxes, such as Goods and Services Tax (GST) under the Goods and Services Tax Act, 2017, unless explicitly stated otherwise in the product listing or at checkout.

 

(b)      Additional Charges: Any additional charges, including but not limited to shipping fees, handling charges, platform fees, or convenience fees, will be clearly disclosed at the time of checkout, prior to order confirmation. You agree to pay all such charges as part of the total order amount, as presented during the checkout process.

 

(c)       Price Changes and Availability: Prices and product availability are subject to change without prior notice, at the discretion of partner brands or due to market conditions. We are not obligated to honor prices or availability listed in error or no longer current at the time of order processing.

 

(d)      Pricing Errors: In the event of a pricing error, inaccuracy, or omission, due to technical or human error, we reserve the right to:

 

(i)        Correct the error and notify you via email or through the Platform, offering you the option to proceed with the order at the corrected price or cancel the order.

(ii)      Cancel the affected order and issue a full refund to the original payment method, in accordance with our Refund Policy, available at www.tinytrolly.com/refund-policy. We will not be liable for any losses or damages arising from such corrections or cancellations, except as required under the Consumer Protection (E-Commerce) Rules, 2020.

 

(e)      Transparency and Compliance: We ensure that pricing information complies with the Consumer Protection (E-Commerce) Rules, 2020, including clear disclosure of the total price, tax components, and any additional charges. You acknowledge that your order constitutes an offer to purchase, subject to acceptance by us or the partner brand, and that we may refuse or cancel orders due to pricing errors, unavailability, or other legitimate reasons, with prompt notification to you.

 

5.2.    Payments

 

(a)      Secure Payment Processing: All payments for orders placed on the Platform are processed through secure third-party payment gateways that comply with Payment Card Industry Data Security Standards (PCI-DSS). We do not store sensitive payment information on our servers beyond what is necessary for transaction processing, in compliance with the DPDPA and IT Act.

 

(b)      Accepted Payment Methods: We support the following payment methods, subject to availability at select pin codes in India:

 

(i)        Credit and debit cards (e.g., Visa, MasterCard, RuPay).

(ii)      Net banking.

(iii)     Unified Payments Interface (UPI).

(iv)     Digital wallets (e.g., Paytm, PhonePe).

(v)      Cash on Delivery (COD) for orders below INR 500, available at select pin codes within India, as determined by our logistics partners.

 

We reserve the right to add, remove, or modify accepted payment methods at our discretion, with updates reflected on the Platform.

 

(c)       Payment Processing and Order Confirmation: For orders using credit/debit cards, net banking, UPI, or digital wallets, payment is processed prior to the dispatch of products by partner brands. Your order is not deemed accepted until payment is successfully processed and confirmed by the payment gateway. We will notify you via email or through the Platform upon successful payment and order confirmation. For orders placed using COD, payment is collected in cash by our logistics partners upon delivery of the products to your specified address. Your order is deemed accepted upon confirmation of product availability and dispatch by the partner brand, subject to verification of your eligibility and order details. We will notify you via email or through the Platform upon order confirmation and dispatch. You agree to:

 

(i)        Pay the exact order amount in cash (including any applicable taxes and additional charges) at the time of delivery.

(ii)      Be available or ensure an authorized representative is available to receive and pay for the order at the delivery address.

(iii)     Acknowledge that failure to pay or accept delivery may result in order cancellation, and we may restrict or suspend your ability to use COD for future orders, at our sole discretion.

 

(d)      COD-Specific Risks: You acknowledge that COD orders are subject to additional verification to prevent fraud or misuse. We reserve the right to cancel COD orders if we suspect fraudulent activity, incorrect delivery information, or repeated non-acceptance of deliveries, without liability to us.

 

(e)      Payment Disputes: Any disputes related to payments, such as unauthorized charges or transaction failures, must be addressed with the relevant payment gateway or financial institution, subject to their terms and conditions. We are not liable for delays, errors, or losses arising from payment processing issues beyond our control, except as mandated by the Consumer Protection Act, 2019.

 

(f)       Refunds for Canceled Orders: If a prepaid order is canceled post-payment due to pricing errors, unavailability, fraud detection, or user request, we will issue a refund to the original payment method in accordance with our Refund Policy. Refunds will be processed within the timelines prescribed under the Consumer Protection (E-Commerce) Rules, 2020, typically within 7–14 business days, subject to verification and payment gateway processing times. If a COD order is canceled prior to delivery (e.g., due to unavailability or verification issues), no payment is collected, and we will notify you of the cancellation via email or through the Platform. If you refuse delivery or fail to pay for a COD order without a valid reason, we may restrict your ability to use COD and pursue recovery of any costs incurred (e.g., shipping fees), to the extent permitted by law.

 

(g)      User Responsibilities: You agree to:

 

(i)        Provide accurate and valid payment information for prepaid methods or ensure cash availability for COD orders.

(ii)      Ensure sufficient funds or credit for prepaid transactions or exact cash for COD deliveries.

(iii)     Comply with the terms of the payment gateway or logistics partner and applicable financial regulations. Failure to meet these obligations or engaging in fraudulent payment activities may result in order cancellation, account suspension, or legal action, as detailed in the “Use of the Platform” section.

 

(h)      No International Transactions: The Services are limited to transactions within India, and we do not process payments for international deliveries or accept foreign payment methods unless explicitly stated. Any attempt to use the Platform for international transactions may result in order cancellation without liability to us.

 

For any pricing or payment-related queries or grievances, contact our Grievance Officer at team@tinytrolly.com or via registered post addressing the Grievance Officer at our registered office: 311, Tower C, Bhutani Cyber Park, Sector 62, Noida, Uttar Pradesh, India. We will respond within the timelines prescribed under the Consumer Protection (E-Commerce) Rules, 2020, typically 30 days.

 

6.        Cancellations, Refunds, and Returns

 

Please refer to our Cancellation, Refund, and Return Policy at https://www.tinytrolly.com/policies/refund-policy, which governs order cancellations, returns, and refunds. Partner brands may have additional terms, which you should review before purchase. We comply with the Consumer Protection (E-Commerce) Rules, 2020, for all refund processes.

 

7.        Shipping and Delivery

 

Our Shipping and Delivery Policy, available at https://www.tinytrolly.com/policies/shipping-policy, forms an integral part of these Terms and governs the processes, timelines, and conditions for shipping and delivery of products. By placing an order on the Platform, you agree to be bound by the Shipping and Delivery Policy, as amended from time to time. The policy provides detailed information on shipping methods, estimated delivery timelines, charges, and procedures for addressing delivery issues.

 

7.1.    Role of Partner Brands and Logistics Providers

 

As an intermediary within the meaning of Section 2(w) of the IT Act, the Company facilitates the listing, sale, and delivery of products through partner brands and independent third-party logistics service providers. Without prejudice to the general disclaimers contained in these Terms, the following shall apply:

 

(a)      Partner Brand Responsibilities: Partner brands shall be solely responsible for: (i) determining product availability, pricing, and dispatch timelines; (ii) ensuring that products are properly packed, labelled, and compliant with all applicable legal and regulatory standards, including packaging and labelling laws; and (iii) handing over products to designated logistics providers in accordance with confirmed orders.

 

(b)      Logistics Providers: The Company may engage independent third-party logistics providers for the delivery of products to the delivery address specified by you at the time of checkout. Such logistics providers operate under their own contractual terms and conditions, and the Company does not assume responsibility for their performance, except to the limited extent expressly required by applicable law.

 

7.2.    Limitation of Liability

 

To the maximum extent permitted by applicable law, Tiny Trolly, its directors, officers, employees, agents, representatives, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages or losses, including but not limited to loss of profits, goodwill, data, or anticipated savings, arising out of or related to delays, non-delivery, incorrect delivery, damage, or any other issues pertaining to the shipping, handling, or delivery of products, where such issues are caused by partner brands, logistics providers, or any Force Majeure Events (as defined herein), except where liability is expressly imposed by the Consumer Protection Act, 2019 or other applicable law.

 

Notwithstanding anything to the contrary contained in these Terms, the aggregate liability of Tiny Trolly for any and all claims related to shipping or delivery of products, whether in contract, tort, negligence, strict liability, or otherwise, shall in no event exceed the total amount paid by you for the specific order in question. Tiny Trolly expressly disclaims any further liability for indirect or consequential loss under such circumstances.

 

You acknowledge and agree that, in the case of any delays, non-delivery, or delivery-related disputes, your primary recourse shall be against the partner brand or logistics provider responsible for such delivery, and Tiny Trolly’s role shall be limited to providing reasonable assistance or acting as an intermediary in facilitating communications or resolution, without assuming any direct responsibility or liability for the acts or omissions of such third parties.

 

Nothing in this section shall restrict or exclude any liability that cannot be lawfully limited or excluded under applicable law.

 

7.3.    Compliance with Laws

 

All shipping and delivery activities comply with applicable Indian laws, including the Consumer Protection (E-Commerce) Rules, 2020, which require clear disclosure of delivery timelines and procedures. We ensure that partner brands and logistics providers adhere to relevant regulations, such as those under the Carriage by Road Act, 2007, for the transportation of goods. You agree to comply with any legal requirements related to receiving deliveries, including providing valid identification if requested by the logistics provider. For any shipping or delivery-related queries or grievances, contact our Grievance Officer at team@tinytrolly.com or via registered post addressing the Grievance Officer at our registered office: 311, Tower C, Bhutani Cyber Park, Sector 62, Noida, Uttar Pradesh, India. We will respond within the timelines prescribed under the Consumer Protection (E-Commerce) Rules, 2020, typically 30 days.

 

8.        User Content

 

8.1.    Responsibility

 

You may submit reviews, ratings, feedback, comments, questions, images, or other content (“User Content”) through the Platform, such as product reviews, customer support inquiries, or promotional submissions. You are solely responsible for all User Content you submit, and you represent and warrant that such content complies with these Terms and all applicable laws. Specifically, User Content must not:

 

(a)      Infringe Third-Party Rights: Violate any third-party rights, including but not limited to intellectual property rights, rights of privacy, publicity, or other proprietary rights.

 

(b)      Be Unlawful or Harmful: Be unlawful, defamatory, libelous, obscene, pornographic, indecent, harassing, threatening, hateful, racially or ethnically objectionable, or otherwise harmful, as prohibited under Section 79 of the IT Act and other applicable laws, including content that promotes violence, discrimination, or activities prejudicial to public order or national security under Section 69A of the IT Act.

 

(c)       Disrupt Platform Functionality: Contain viruses, malware, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Platform or any user’s device, in violation of Section 43 of the IT Act.

 

(d)      Mislead or Deceive: Contain false, misleading, or fraudulent information, including impersonation of another person or entity or content that deceives users about its origin or authenticity.

 

(e)      Encourage Illegal Activities: Promote or facilitate illegal activities, such as money laundering, gambling, or other offenses under the Indian Penal Code, 1860, or other statutes.

 

You acknowledge that we do not pre-screen or verify User Content but reserve the right to monitor, review, or remove any User Content at our sole discretion, as permitted under Section 79 of the IT Act. We are not liable for any losses, damages, or claims arising from your User Content, including third-party claims, except as mandated by applicable laws.

 

8.2.    License to User Content

 

By submitting User Content to the Platform, you grant Tiny Trolly and its affiliates, successors, and assigns a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and worldwide license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works of such User Content for operational, promotional, or marketing purposes related to the Services. This license includes, but is not limited to:

 

(a)      Displaying your reviews or ratings on the Platform to assist other Users in making informed purchase decisions.

(b)      Using your feedback or images in marketing materials, social media, or promotional campaigns, with or without attribution, as permitted by law.

(c)       Storing User Content for internal analysis, Platform improvement, or compliance with legal obligations under the DPDPA or IT Act.

 

You represent and warrant that:

 

(a)      You own or have the necessary rights to submit the User Content and grant the above license.

(b)      The User Content does not infringe any third-party rights or violate applicable laws.

(c)       You have obtained any necessary consents in compliance with the DPDPA, particularly for sensitive personal data related to minors or health.

 

We may remove, edit, or refuse to post any User Content that violates these Terms, applicable laws, or our policies, without prior notice or liability. You retain ownership of your User Content, subject to the license granted herein, and this license survives the termination of your account or removal of the User Content from the Platform for any content already used by us in accordance with this license.

 

8.3.    Deletion Requests

 

If you wish to delete your User Content from the Platform, you may submit a request to our Grievance Officer at team@tinytrolly.com with the following information:

 

(a)      Your full name and email address associated with your account.

(b)      A detailed description of the User Content you wish to delete (e.g., specific review, comment, or image).

(c)       The date(s) and location(s) of the User Content on the Platform, if available.

(d)      The reason for your deletion request.

 

We will process verified deletion requests within 30 business days, as required under the Consumer Protection (E-Commerce) Rules, 2020, and the DPDPA, subject to the following:

 

(a)      We may retain User Content as necessary to comply with legal obligations, resolve disputes, or enforce our rights.

(b)      Deletion may not apply to User Content already incorporated into our marketing materials or shared with third parties under the license granted in Section 10.2, to the extent permitted by law.

(c)       We may reject deletion requests if the provided information is insufficient or if the request is inconsistent with our legal or operational requirements.

 

You acknowledge that we are not obligated to delete User Content that has been anonymized, aggregated, or otherwise processed in a manner that does not identify you, in accordance with the DPDPA.

 

8.4.    Consequences of Violations

 

If User Content violates these Terms, applicable laws, or our policies, we may, at our sole discretion and without prior notice, unless required by law:

 

(a)      Remove or edit the offending User Content.

(b)      Suspend or terminate your account, as detailed in the “Termination” section.

(c)       Restrict your ability to submit further User Content.

(d)      Report violations to law enforcement authorities, including the Indian Computer Emergency Response Team (CERT-In), as required under Section 79 of the IT Act.

 

You agree to indemnify and hold us, our affiliates, employees, and partners harmless from any claims, losses, or damages (including legal fees) arising from your User Content, as detailed in the “Indemnification” section. This obligation survives account termination.

 

For any User Content-related queries or grievances, contact our Grievance Officer at team@tinytrolly.com or via registered post addressing the Grievance Officer at our registered office: 311, Tower C, Bhutani Cyber Park, Sector 62, Noida, Uttar Pradesh, India. We will respond within the timelines prescribed under the Consumer Protection (E-Commerce) Rules, 2020, typically 30 days.

 

9.        Intellectual Property Rights

 

9.1.    Ownership

 

The tradename “Tiny Trolly”, logo, taglines, domain name (www.tinytrolly.com), and all related trademarks, service marks, trade names, and designs (collectively, “Marks”) are the exclusive property of Tinymart Global Private Limited or its affiliates. These Marks are protected under the Trade Marks Act, 1999, the Copyright Act, 1957, and other applicable laws, whether registered or unregistered. All content on the Platform, including but not limited to text, images, graphics, designs, user interfaces, software, code, layouts, and other creative elements (collectively, “Platform Content”), is owned by or licensed to us and is protected by the Copyright Act, 1957, and other intellectual property laws. Content provided by partner brands, including product descriptions, images, logos, trademarks, or other proprietary materials displayed on the Platform, is owned by or licensed to the respective partner brands. Such content is subject to the intellectual property rights of the partner brands, and we use it under license or agreement for the purpose of facilitating transactions on the Platform. Any third-party content, including but not limited to advertisements, promotional materials, or linked content, is the property of the respective third parties and is protected by applicable intellectual property laws. We do not claim ownership of such content and use it solely under permission or license. Your access to or use of the Platform does not confer any ownership, license, or rights to use our Marks, Platform Content, partner brand content, or third-party content, except as expressly provided in these Terms. Any unauthorized use of such intellectual property is strictly prohibited and may result in legal action under the Trade Marks Act, 1999, Copyright Act, 1957, or other applicable laws.

 

9.2.    Limited License

 

(a)      We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform and Platform Content solely for personal, non-commercial purposes, such as browsing, purchasing products, or engaging with the Services, in accordance with these Terms. This license is subject to your compliance with all applicable laws, including the IT Act and the Consumer Protection Act, 2019, and our policies. The license permits you to:

 

(i)        View and interact with Platform Content for personal shopping purposes.

(ii)      Download or print limited portions of Platform Content (e.g., order confirmations) for personal use, provided such actions do not infringe our rights or those of partner brands or third parties.

(iii)     Create a hyperlink to the Platform’s homepage, provided it is for personal, non-commercial use and does not imply endorsement or affiliation with us without prior written consent.

 

(b)      You may not:

 

(i)        Copy, reproduce, modify, distribute, transmit, display, publish, sell, license, or create derivative works of Platform Content or Marks without our prior written consent.

(ii)      Use Platform Content for commercial purposes, including but not limited to marketing, advertising, or resale, without express authorization.

(iii)     Reverse-engineer, decompile, or disassemble any software or code underlying the Platform, in violation of Section 43 of the IT Act.

(iv)     Use our Marks in a manner that causes confusion, dilution, or disparagement, as prohibited under the Trade Marks Act, 1999.

 

(c)       We reserve the right to revoke or terminate this license at any time, without notice, if you violate these Terms or engage in unauthorized use of our intellectual property. Upon termination, you must immediately cease all use of the Platform and destroy any copies of Platform Content in your possession.

 

9.3.    Restrictions and Enforcement

 

(a)      Prohibited Uses: Unauthorized use of our Marks, Platform Content, partner brand content, or third-party content is strictly prohibited. This includes, but is not limited to:

 

(i)        Using our Marks or Platform Content in any manner that suggests an affiliation with or endorsement by Tiny Trolly without our written consent.

(ii)      Incorporating our Marks or Platform Content into third-party websites, applications, or materials without permission.

(iii)     Engaging in activities that infringe, misappropriate, or violate our intellectual property rights or those of partner brands or third parties.

(iv)     Using automated tools to extract or reproduce Platform Content, in violation of Section 43 of the IT Act.

 

(b)      Enforcement of Rights: We reserve the right to take any and all actions to protect our intellectual property rights, including but not limited to:

 

(i)        Issuing cease-and-desist notices or initiating legal proceedings under the Trade Marks Act, 1999, Copyright Act, 1957, or other laws.

(ii)      Seeking injunctive relief to prevent unauthorized use or harm to our brand or Platform.

(iii)     Cooperating with law enforcement authorities, including the Indian Computer Emergency Response Team (CERT-In), to address violations involving digital content, as required under the IT Act.

(iv)     Suspending or terminating your account and access to the Services, as detailed in the “Termination” section.

 

(c)       No Transfer of Rights: Your use of the Platform does not transfer any ownership, title, or interest in our Marks, Platform Content, or any other intellectual property to you. All rights not expressly granted in these Terms are reserved by us, our licensors, or partner brands.

 

(d)      Reporting Infringements: If you believe that any content on the Platform infringes your intellectual property rights, you may notify our Grievance Officer at team@tinytrolly.com with:

 

(i)        A description of the allegedly infringing content and its location on the Platform.

(ii)      Evidence of your ownership of the intellectual property rights.

(iii)     Your contact details and a statement of good faith belief that the use is unauthorized. We will review and address such complaints in accordance with Section 79 of the IT Act and other applicable laws, typically within 30 days, as required under the Consumer Protection (E-Commerce) Rules, 2020.

 

9.4.    Indemnification for Infringement

 

You agree to indemnify and hold us, our affiliates, shareholders, directors, employees, and partners harmless from any claims, losses, damages, or liabilities (including legal fees) arising from your unauthorized use of our Marks, Platform Content, partner brand content, or third-party content, or any infringement of intellectual property rights, as detailed in the “Indemnification” section. This obligation survives account termination.

 

For any intellectual property-related queries or grievances, contact our Grievance Officer at team@tinytrolly.com or via registered post addressing our Grievance Officer at our registered office: 311, Tower C, Bhutani Cyber Park, Sector 62, Noida, Uttar Pradesh, India. We will respond within the timelines prescribed under the Consumer Protection (E-Commerce) Rules, 2020, typically 30 days.

 

10.     Chat and Call Functionality

 

10.1. Purpose and Scope

 

(a)      Purpose: We provide chat and call functionalities (collectively, “Communication Services”) to enable you to address queries related to the Services, including but not limited to order status, product inquiries, returns, refunds, or customer support issues. These Communication Services may be facilitated through the Platform, mobile applications, or third-party communication tools.

 

(b)      Availability: Communication Services are provided at our sole discretion and may be modified, suspended, or discontinued without prior notice, including for maintenance, security, or operational reasons. We are not liable for any inconvenience or losses arising from such changes, except as required under the Consumer Protection Act, 2019.

 

(c)       Permitted Use: You may use the Communication Services solely for legitimate, Service-related purposes, such as seeking assistance from us or partner brands or providing feedback on your shopping experience. You agree to:

 

(i)        Communicate in a respectful, lawful, and professional manner.

(ii)      Provide accurate information to facilitate the resolution of your queries.

(iii)     Comply with these Terms and all applicable laws, including the IT Act and DPDPA.

 

(d)      Prohibited Communication: You must not use the Communication Services to:

 

(i)        Engage in unlawful, defamatory, libelous, obscene, pornographic, harassing, threatening, hateful, or otherwise objectionable communication, as prohibited under Section 79 of the IT Act or other laws, including content that threatens public order or national security under Section 69A of the IT Act.

(ii)      Distribute malware, viruses, or any harmful code that disrupts Platform functionality, in violation of Section 43 of the IT Act.

(iii)     Send unsolicited commercial messages, spam, or promotional content unrelated to the Services, in violation of the TCCCPR.

(iv)     Impersonate another person or entity or provide false or misleading information.

 

(e)      Storage and Access: We may store communications through the Communication Services for reference, quality assurance, legal compliance, or dispute resolution purposes, in accordance with the DPDPA and IT Act. You acknowledge that:

 

(i)        You do not have access to stored communications post-interaction, except as required by law.

(ii)      Stored communications may be used to improve our Services, train support staff, or comply with regulatory requirements, such as record-keeping under the Consumer Protection (E-Commerce) Rules, 2020.

(iii)     Personal data shared during communications is processed as per our Privacy Policy, available at https://www.tinytrolly.com/policies/privacy-policy.

 

(f)       Monitoring and Removal: We reserve the right to monitor, record, or review communications to ensure compliance with these Terms and applicable laws. We may remove or block any communication that violates these Terms or our policies, without notice or liability, as permitted under Section 79 of the IT Act.

 

10.2. Consent for Communication

 

(a)      Authorization: By using the Communication Services, you expressly consent to us or our authorized representatives (including third-party service providers) contacting you via call, SMS, email, or other communication channels for Service-related purposes, including but not limited to:

 

(i)        Providing updates on order status, delivery, or payment.

(ii)      Responding to your queries or complaints.

(iii)     Sending transactional or service-related notifications (e.g., order confirmations, refund updates).

(iv)     Offering customer support or soliciting feedback to improve the Services.

 

(b)      TCCCPR Compliance: All communications comply with the TCCCPR, and we ensure that transactional messages are sent only with your consent or as permitted by law. Promotional communications, if any, will include opt-out instructions, and we will honor your preferences as registered with the National Do Not Call (DND) Registry or other applicable mechanisms.

 

(c)       Opt-Out Process: You may opt out of receiving non-essential communications by:

 

(i)        Following the opt-out instructions provided in the communication, the “Unsubscribe” link in emails.

(ii)      Contacting our Grievance Officer at team@tinytrolly.com with your name, contact details, and request to opt out.

(iii)     Updating your communication preferences through your account settings on the Platform, if available. Opting out of non-essential communications does not affect our ability to send transactional or service-related messages necessary for fulfilling your orders or complying with legal obligations.

 

(d)      Third-Party Involvement: We may use third-party service providers to facilitate Communication Services. You consent to such providers contacting you on our behalf, subject to their compliance with the DPDPA and other applicable laws.

 

10.3. Consequences of Violations

 

If you violate the terms governing the Communication Services, we may, at our sole discretion and without prior notice, unless required by law:

 

(i)        Remove or block offending communications.

(ii)      Suspend or terminate your access to the Communication Services or your account, as detailed in the “Termination” section.

(iii)     Restrict your ability to use chat or call functionalities in the future.

(iv)     Report violations to law enforcement authorities, including the Indian Computer Emergency Response Team (CERT-In), as required under Section 79 of the IT Act.

 

You agree to indemnify and hold us, our affiliates, employees, and partners harmless from any claims, losses, or damages (including legal fees) arising from your misuse of the Communication Services, as detailed in the “Indemnification” section. This obligation survives account termination.

 

For any Communication Services-related queries or grievances, contact our Grievance Officer at team@tinytrolly.com or via registered post addressing our Grievance Officer at our registered office: 311, Tower C, Bhutani Cyber Park, Sector 62, Noida, Uttar Pradesh, India. We will respond within the timelines prescribed under the Consumer Protection (E-Commerce) Rules, 2020, typically 30 days.

 

11.     Disclaimer of Warranties and Limitation of Liability

 

11.1. Disclaimer

 

(a)      “As Is” Basis: The Services, including all Platform Content, products, and functionalities, are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory, except as expressly required by applicable laws, including the Consumer Protection Act, 2019. We do not make any representations or warranties regarding:

 

(i)        The accuracy, completeness, reliability, or timeliness of product descriptions, images, specifications, or availability, as these are provided by partner brands.

(ii)      The quality, safety, suitability, or performance of products offered by partner brands.

(iii)     The uninterrupted, error-free, or secure operation of the Platform or Services, including protection against viruses or harmful code, to the extent permitted under Section 79 of the IT Act.

(iv)     The compatibility of the Platform with your devices or software.

 

(b)      Partner Brand Responsibility: As an intermediary under Section 2(w) of the IT Act, we do not manufacture, sell, or hold inventory of products. Partner brands are solely responsible for product quality, safety, compliance with applicable laws, and any claims arising from product defects or unsuitability. You acknowledge that reliance on product information or use of products is at your own risk, and you should consult specialists, particularly for maternity or childcare products, as advised in the “Product Use” section.

 

(c)       No Guarantee of Outcomes: We do not guarantee specific outcomes from using the Services, such as the availability of products, timely delivery, or resolution of queries through Communication Services, except as mandated by law. Any implied warranties, such as merchantability or fitness for a particular purpose, are disclaimed to the fullest extent permitted by law. Any implied warranties or conditions relating to the Services or the Platform are hereby disclaimed to the fullest extent permitted by law, except to the limited extent such disclaimers are void or restricted by applicable law. Nothing in this clause shall restrict or exclude any statutory warranties, rights, or remedies that cannot be lawfully limited or excluded under applicable law.

 

 

11.2. Limitation of Liability

 

To the fullest extent permitted by applicable laws, we, our affiliates, directors, officers, employees, agents, or partners (including partner brands and logistics providers) shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising from or related to your use of or inability to use the Services, even if we have been advised of the possibility of such damages. Our aggregate liability, if any, for any claims arising from or related to these Terms or the Services shall not exceed the total amount paid by you for the specific transaction or order giving rise to the claim, except as required by the Consumer Protection Act, 2019, or other applicable laws. We are not liable for any interruptions, delays, errors, or damages caused by factors beyond our reasonable control, including but not limited to internet failures, server downtime, cyberattacks, power outages, or Force Majeure Events. As an intermediary under Section 79 of the IT Act, we are not liable for third-party actions or omissions, including those of partner brands, logistics providers, or payment gateways, except where liability is expressly imposed by law. You acknowledge that these limitations are a fundamental part of our agreement and reflect the allocation of risk between you and us, ensuring the viability of our asset-light marketplace model.

 

11.3. Claims Period

 

Any claims arising out of or related to these Terms or the Services must be brought within one (1) year from the date the cause of action arises, to the extent permitted by applicable laws, including the Limitation Act, 1963. Claims brought after this period shall be barred, except where a longer period is mandatorily prescribed by law.

 

12.     Indemnification

 

You agree to, without limitation, indemnify, defend, and hold harmless Tinymart Global Private Limited, our affiliates, shareholders, directors, officers, employees, agents, and partners (including partner brands and logistics providers) from and against any claims, demands, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) Your breach or alleged breach of these Terms, including any violation of our policies; (b) Your misuse of the Services, including but not limited to unauthorized access, fraudulent activities, or improper use of Communication Services; (c) Your violation of any applicable laws, including the IT Act, DPDPA, Consumer Protection Act, 2019, Trade Marks Act, 1999, or Copyright Act, 1957; (d) Your infringement or alleged infringement of third-party rights, including intellectual property rights, privacy rights, or other proprietary rights; and/or (e) Any User Content you submit that violates these Terms or causes harm to third parties. This indemnification obligation survives the termination of your account or cessation of your use of the Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully with us in asserting any available defenses.

 

13.     Termination

 

(a)      Termination by You: You may terminate your account or cease using the Services at any time by:

 

(i)        Discontinuing access to the Platform and Services.

(ii)      Contacting our Grievance Officer at team@tinytrolly.com to request account deletion, providing your name, email address, and account details. We will process verified deletion requests within 30 business days, as required under the Consumer Protection (E-Commerce) Rules, 2020, and DPDPA, subject to any legal obligations to retain data.

 

(b)      Termination by Us: We reserve the right to suspend, restrict, or terminate your account or access to the Services, in whole or in part, at our sole discretion, with or without notice, unless required by law, for reasons including but not limited to:

 

(i)        Your violation of these Terms or any referenced policies.

(ii)      Engaging in fraudulent, unlawful, or harmful activities, as detailed in the “Use of the Platform” section.

(iii)     Failure to comply with eligibility or account responsibilities, as outlined in the “Eligibility” and “Account Responsibilities” sections.

(iv)     Protection of our business interests, Platform integrity, or the safety of other Users or third parties.

 

(c)       Effects of Termination: Upon termination:

 

(i)        Your right to access and use the Services, including any licenses granted under these Terms, will immediately cease.

(ii)      We may delete your account data, except where retention is required for legal compliance or dispute resolution.

(iii)     Any pending orders may be canceled, and refunds, if applicable, will be processed per our Refund Policy.

(iv)     Obligations regarding indemnification, intellectual property, dispute resolution, and limitation of liability will survive termination.

 

(d)      Notice of Termination: Where required by law, such as under the Consumer Protection (E-Commerce) Rules, 2020, we will provide notice of termination via email or through the Platform, specifying the reason for termination and any applicable remedies.

 

14.     Governing Law and Dispute Resolution

 

14.1. Governing Law

 

These Terms, all referenced policies, and your use of the Services are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

 

14.2. Dispute Resolution

 

(a)      Informal Resolution: For any disputes or grievances arising from these Terms or the Services, you agree to first attempt informal resolution by contacting our Grievance Officer at team@tinytrolly.com within 30 days of the issue arising. Your complaint must include your name, contact details, order details (if applicable), and a description of the issue. We will respond within the timelines prescribed under the Consumer Protection (E-Commerce) Rules, 2020, typically 30 days, to resolve the matter amicably.

 

(i)        Arbitration: If a dispute cannot be resolved informally within 60 days, it shall be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration will be conducted as follows:

(ii)      Seat and Venue: The arbitration shall be conducted in Noida, Uttar Pradesh, India.

(iii)     Arbitrator: A single arbitrator will be appointed by us, provided the arbitrator is independent and impartial.

(iv)     Language: The proceedings shall be conducted in English.

(v)      Binding Decision: The arbitrator’s decision shall be final and binding, enforceable in any court of competent jurisdiction.

(vi)     Costs: Each party shall bear its own costs, unless the arbitrator determines otherwise based on the merits of the case.

(vii)    Jurisdiction: Subject to the arbitration clause, any legal proceedings arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts in Noida, Uttar Pradesh, India. You waive any objection to venue or jurisdiction on the grounds of inconvenience or otherwise.

 

14.3. No Class Actions: You agree that disputes will be resolved on an individual basis, and you waive any right to participate in class, collective, or representative actions against us, to the extent permitted by law.

 

15.     Miscellaneous

 

15.1. Force Majeure

 

We shall not be liable for any delays, failures, or non-performance of our obligations under these Terms due to events beyond our reasonable control (“Force Majeure Events”), including but not limited to natural disasters, pandemics, wars, riots, strikes, labor disputes, government actions, internet or telecommunications failures, or other unforeseen circumstances. We will notify you of such events where feasible and take reasonable steps to mitigate their impact, but we are not obligated to fulfill affected obligations during such events.

 

15.2. Severability

 

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable, reflecting the original intent of the parties, as permitted under the Indian Contract Act, 1872.

 

15.3. Entire Agreement

 

These Terms, together with all referenced policies, constitute the entire agreement between you and us regarding the use of the Services, superseding any prior or contemporaneous agreements, communications, or understandings, whether oral or written. Any additional terms provided by partner brands or third parties may apply to specific transactions, as disclosed at the time of purchase.

 

15.4. Waiver

 

No failure or delay by us in exercising any right, power, or remedy under these Terms shall constitute a waiver of that right, power, or remedy. Any waiver must be in writing and signed by us to be effective.

 

15.5. Assignment

 

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to our affiliates, successors, or assigns without restriction, provided such assignment does not adversely affect your rights under these Terms.

 

15.6. Notices

 

All notices required under these Terms shall be sent to us at team@tinytrolly.com or our registered office: 311, Tower C, Bhutani Cyber Park, Sector 62, Noida, Uttar Pradesh, India. We may send notices to you via email, through the Platform, or to the address associated with your account. Notices are deemed received upon sending (for email or Platform notifications) or three business days after mailing (for postal notices).

 

15.7. Contact

 

For any queries, complaints, or grievances related to these Terms or the Services, contact our Grievance Officer at:

 

·          Email: team@tinytrolly.com

·          Address: 311, Tower C, Bhutani Cyber Park, Sector 62, Noida, Uttar Pradesh, India

·          Hours: Monday–Saturday (10:00 AM–6:00 PM IST), Sunday (10:00 AM–2:00 PM IST)