Terms And Conditions

These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any disputes, claims, or legal proceedings arising out of or relating to the use of the platform, memberships, subscriptions, or services provided by The EleFant shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra.

Users must be legally competent to enter into a binding agreement under applicable laws. By using the platform, users confirm that they are at least 18 years old or are using the platform under parental or guardian supervision.

Users are responsible for maintaining the confidentiality of their account credentials and for all activities occurring under their account.

Users agree to:

• Provide accurate and updated information.
• Maintain only one active account unless otherwise permitted.
• Ensure contact details remain current.
• Use the platform only for lawful purposes.

The EleFant reserves the right to suspend or terminate accounts found to contain false, misleading, or fraudulent information.

By registering on the platform, users consent to receive communications from The EleFant through phone calls, SMS, WhatsApp, email, push notifications, and other communication channels for:

• Transactional updates
• Membership notifications
• Delivery and pickup coordination
• Service announcements
• Promotional and marketing communications

Users may opt out of promotional communications where applicable; however, transactional and operational communications may still be sent.

Membership plans, pricing, benefits, and usage limits are subject to change at the sole discretion of The EleFant.

Membership validity begins from the date of activation.

Unused swaps, unused benefits, or paused periods may not be carried forward unless explicitly stated.

The EleFant reserves the right to modify, discontinue, or revise membership plans and benefits without prior notice.

Certain memberships may renew automatically at the end of the billing cycle unless cancelled before the renewal date.

By purchasing such memberships, users authorize The EleFant and its payment partners to charge recurring membership fees through the selected payment method.

Users may cancel auto-renewal through the platform or by contacting customer support before the renewal date.

All orders and toy swaps are subject to availability.

The EleFant does not guarantee the availability of specific toys, brands, categories, or delivery timelines.

Estimated delivery dates are indicative and may vary based on:

• Inventory availability
• Operational constraints
• User location
• Logistics delays
• Public holidays
• Weather conditions
• Unexpected demand fluctuations

The EleFant reserves the right to substitute unavailable products with equivalent alternatives where applicable.

Certain products may be available for pre-order.

Estimated pre-order timelines are indicative and may change due to inventory movement, delayed returns, logistics, or operational requirements.

The EleFant does not guarantee exact fulfillment dates for pre-ordered products.

Pre-order eligibility, limits, and priority allocation may vary by membership plan.

Services are available only in designated serviceable areas.

Delivery and pickup timelines are estimates and may vary.

Users are responsible for:

• Providing accurate addresses
• Ensuring availability during delivery/pickup windows
• Cooperating with verification requirements

Repeated failed delivery or pickup attempts may attract additional operational charges.

The EleFant reserves the right to refuse or discontinue services in non-serviceable or high-risk locations.

The EleFant follows cleaning, sanitization, inspection, and quality-check processes before dispatching products.

However:

• Parents and guardians remain fully responsible for supervising children during product usage.
• Users are responsible for ensuring age-appropriate usage.
• The EleFant shall not be liable for injuries, allergic reactions, misuse, choking hazards, or accidents arising from improper handling or supervision.

Users are encouraged to inspect products upon delivery and report concerns immediately.

Users are expected to exercise reasonable care while using rented products.

Normal wear and tear resulting from ordinary usage is acceptable.

However, users may be charged for:

• Missing parts or accessories
• Theft or loss

The EleFant reserves the right to determine the extent of damage and applicable recovery costs.

Failure to return products may result in:

• Additional charges
• Membership suspension
• Recovery proceedings
• Legal action where necessary

Membership fees, joining fees, deposits, and operational charges are generally non-refundable unless otherwise specified.

Refund eligibility, if applicable, shall be determined by The EleFant based on:

• Usage history
• Membership duration
• Operational costs incurred
• Promotional offers availed

Approved refunds may take 7–15 business days to process.

The EleFant reserves the right to deny refunds in cases involving:

• Policy abuse
• Fraudulent activity
• Excessive usage
• Violation of platform terms

Membership pauses, extensions, or transfers may be permitted only under specific plans or promotional conditions.

Users agree not to:

• Use the platform for unlawful activities
• Create fake or duplicate accounts
• Manipulate membership benefits or swap policies
• Resell rented products
• Share accounts without authorization
• Attempt unauthorized access to systems or data
• Interfere with platform operations
• Abuse customer support personnel or delivery staff

The EleFant reserves the right to suspend or terminate accounts involved in misuse, abuse, fraud, or suspicious activity.

All content available on the platform including but not limited to:

• Logos
• Brand assets
• Images
• Product catalogs
• Software
• Designs
• Graphics
• Videos
• Text content
• Website and app interfaces

are the intellectual property of The EleFant or its licensors and are protected under applicable intellectual property laws.

Users may not copy, reproduce, distribute, modify, publish, or commercially exploit any platform content without prior written consent.

The platform may integrate with third-party service providers including payment gateways, analytics tools, logistics providers, communication platforms, cloud services, and app marketplaces.

The EleFant shall not be responsible for:

• Interruptions caused by third-party systems
• Payment gateway failures
• Delayed bank settlements
• Third-party data breaches
• Service disruptions outside its reasonable control

Users may also be subject to third-party terms and policies.

User information is collected, stored, and processed in accordance with the Privacy Policy.

By using the platform, users consent to:

• Collection of personal information
• Storage of account and transaction data
• Usage analytics
• Operational communications
• Customer support interactions

The EleFant may use aggregated and anonymized data for analytics, operational improvement, and business intelligence purposes.

To the maximum extent permitted by law, The EleFant shall not be liable for:

• Indirect or consequential losses
• Delivery delays
• Temporary product unavailability
• Membership interruptions
• Technical outages
• Developmental expectations from toy usage
• Losses arising from improper product usage
• Injuries resulting from lack of supervision
• Third-party service failures

The aggregate liability of The EleFant under any circumstance shall not exceed the amount paid by the user during the active membership period related to the claim.

Users agree to indemnify and hold harmless The EleFant, its directors, employees, affiliates, agents, and partners from any claims, liabilities, losses, damages, costs, or legal expenses arising from:

• Violation of these Terms
• Misuse of products
• Negligence during usage
• Fraudulent activities
• Violation of applicable laws

The EleFant reserves the right to suspend, restrict, or terminate user accounts without prior notice in cases involving:

• Non-payment
• Policy violations
• Fraudulent activity
• Failure to return products
• Misuse of memberships
• Threatening or abusive behavior

Upon termination, users may immediately lose access to memberships, benefits, and platform services.

Outstanding dues shall remain payable.

The EleFant shall not be held liable for delays, interruptions, or failures caused by events beyond reasonable control including but not limited to:

• Natural disasters
• Floods
• Earthquakes
• Pandemics
• Government restrictions
• Strikes
• Internet outages
• Transportation disruptions
• Supply chain interruptions
• Acts of war or terrorism

Service timelines may be extended during such events.

The EleFant reserves the right to modify, update, or revise these Terms and Conditions at any time.

Updated terms shall become effective upon publication on the platform.

Continued usage of the platform after such changes constitutes acceptance of the revised Terms.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue to remain valid and enforceable.

These Terms, together with the Privacy Policy and other applicable policies, constitute the complete agreement between the user and The EleFant regarding use of the platform and services.

At The EleFant, we operate as a shared toy library focused on enabling more

children and families to experience joyful, affordable, and sustainable play.

To ensure better toy circulation, reduced waiting timelines, and improved access to

toys across our community, the following policy updates will apply:

1. Any toy held by a subscriber for more than 21 days may be scheduled for return by The EleFant.
2. Return requests may be initiated by The EleFant based on toy holding duration, inventory circulation requirements, or operational needs.
3. Toy pickups will no longer be dependent on the delivery of a new toy order.
4. Subscribers are expected to keep toys ready for pickup once a return has been scheduled.
5. Failure to hand over scheduled return toys may impact future ordering eligibility, subscription benefits, or account access.
6. The EleFant reserves the right to modify return timelines, circulation policies, and operational processes to ensure fair usage and availability across users.

These changes are intended to improve accessibility, optimize inventory availability,

and serve more children through our toy-sharing ecosystem.

For questions, concerns, legal notices, or support requests, users may contact:

Madshades Technologies Pvt. Ltd.

Address: B-706, Iscon Elegance, SG Highway Service Rd, Prahlad Nagar, Ahmedabad – 380015

Email:

Phone: 022-4618-4888