Terms and Conditions

Agreement To Our Legal Terms

We are Binca Inc., doing business as Binca Games Pvt Ltd ("Company," "we," "us," "our"), a company registered in India at 8, Shahviri Building, Picket Road, R.S. Sapre Marg, Kalbadevi, Mumbai, Maharashtra 400002, India.


We operate the website www.bincainc.com (the "Site"), as well as related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").


You can contact us by email at info@bincainc.com or by mail at 8, Shahviri Building, Picket Road, R.S. Sapre Marg, Kalbadevi, Mumbai, Maharashtra 400002, India.


These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Binca Inc., concerning your access to and use of the Services. By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH THESE LEGAL TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.


We may update these Legal Terms at our discretion. Changes will be effective upon posting, with the "Last updated" date revised. Your continued use of the Services after such changes constitutes acceptance of the revised Legal Terms. It is your responsibility to review these Legal Terms periodically.


The Services are intended for users who are at least 13 years of age. Minors under 18 must have parental or guardian consent and supervision to use the Services.


We recommend printing or saving a copy of these Legal Terms for your records.

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS AND PRODUCT SAFETY

6. PURCHASES AND PAYMENT

7. SHIPPING AND DELIVERY

8. RETURNS AND REFUNDS

9. PROHIBITED ACTIVITIES

10. THIRD-PARTY WEBSITES AND CONTENT

11. SERVICES MANAGEMENT

12. PRIVACY POLICY

13. TERM AND TERMINATION

14. MODIFICATIONS AND INTERRUPTIONS

15. GOVERNING LAW

16. DISPUTE RESOLUTION

17. LIMITATIONS OF LIABILITY

18. INDEMNIFICATION

19. USER DATA

20. ELECTRONIC COMMUNICATIONS

21. CONSUMER PROTECTION COMPLIANCE

22. MISCELLANEOUS

23. CONTACT US

Our Services

The Services are provided for purchasing toys and games in India and the United States. Use of the Services from other jurisdictions is at your own risk, and you are responsible for compliance with local laws. The Services are not designed to comply with industry-specific regulations such as HIPAA or FISMA. If your use is subject to such regulations, you may not use the Services.

Intellectual Property Rights

Our Intellectual Property

We own or license all intellectual property rights in the Services, including source code, designs, text, images, and trademarks (collectively, the "Content"). These are protected by copyright, trademark, and other laws in India, the United States, and internationally.


Your Use of Our Services

Subject to these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services and download or print Content solely for personal, non-commercial use. No part of the Services or Content may be reproduced, distributed, or used for commercial purposes without our prior written consent. Requests for such use should be sent to info@bincainc.com.


Your Submissions

Any feedback, suggestions, or other submissions you provide to us ("Submissions") are assigned to us, and we may use them for any lawful purpose without compensation to you. You warrant that your Submissions are original or that you have the right to provide them and that they do not violate any laws or third-party rights.

User Representations

By using the Services, you represent and warrant that:

  • All information you provide is true, accurate, current, and complete, and you will maintain its accuracy.
  • You have the legal capacity to agree to these Legal Terms.
  • You are at least 13 years old, and if under 18, you have parental consent.
  • You will not use the Services for illegal or unauthorized purposes or through automated means (e.g., bots or scripts).
  • Your use of the Services will comply with applicable laws.

If you provide false or incomplete information, we may suspend or terminate your account and refuse future access.

User Registration

You may need to register to use certain features of the Services. You agree to keep your password confidential and are responsible for all activities under your account. We may remove or change usernames deemed inappropriate or objectionable.

Products And Product Safety

We strive to accurately display the colors, features, and specifications of our toys and games. However, we do not guarantee accuracy due to variations in electronic displays or other factors. Products are subject to availability, and we may discontinue items or change prices at our discretion.


Product Safety

Our products comply with applicable safety standards, including the U.S. Consumer Product Safety Improvement Act (CPSIA) and India’s Bureau of Indian Standards (BIS) for toys. You agree to use products as intended and follow all provided safety instructions. We are not liable for misuse or failure to follow safety guidelines.


Age Appropriateness

Products are labeled with recommended age ranges. Parents or guardians are responsible for ensuring products are suitable for the intended user.

Purchases And Payment

We accept payments via:

  • Visa
  • Mastercard
  • American Express
  • Discover
  • PayPal
  • UPI (India)

You agree to provide accurate and current payment and account information. Sales tax, VAT, or GST will be added as required by law in India and the United States. All payments are in Indian Rupees (INR) for India and U.S. Dollars (USD) for the United States, unless otherwise specified.


We may refuse or limit orders, including those placed by resellers or distributors, or those using the same account or payment method. We reserve the right to correct pricing errors, even after payment is requested or received.

Shipping And Delivery

We ship to addresses in India and the United States. Shipping fees and estimated delivery times are provided at checkout. Delivery times are estimates and may vary due to factors beyond our control (e.g., customs delays for international orders). You are responsible for any customs duties, taxes, or fees for international shipments.


We are not liable for delays or losses caused by third-party shipping providers. If a product is lost or damaged during shipping, please contact us at info@bincainc.com within 7 days of the expected delivery date.

Returns And Refunds

Our Return and Refund Policy, available on the Site, governs all returns and refunds. Products may be returned within 30 days of delivery if unused, in original packaging, and in resalable condition, subject to the policy. Defective or damaged products may be eligible for replacement or refund.


For India, returns comply with the Consumer Protection Act, 2019. For the U.S., returns align with applicable state and federal consumer laws. You are responsible for return shipping costs unless the product is defective or the return is due to our error.

Prohibited Activities

You may not:

  • Use the Services for unauthorized commercial purposes.
  • Attempt to access or interfere with the Services’ security or functionality.
  • Use automated systems (e.g., bots, scripts) to access or extract data from the Services.
  • Harass, defraud, or mislead us or other users.
  • Violate any applicable laws or regulations.
  • Reproduce, distribute, or modify Content without permission.

We may suspend or terminate your access for engaging in prohibited activities.

Third-Party Websites And Content

The Services may link to third-party websites or content. We are not responsible for the accuracy, safety, or policies of such websites or content. Your use of third-party websites is at your own risk, and you should review their terms and privacy policies.

Services Management

We may monitor the Services for violations, take legal action against violators, and remove or restrict access to content that violates these Legal Terms or burdens our systems.

Privacy Policy

Our Privacy Policy, available on the Site, governs the collection and use of your data. By using the Services, you consent to data processing in India and the United States, subject to applicable data protection laws, including the U.S. Children’s Online Privacy Protection Act (COPPA) and India’s Digital Personal Data Protection Act, 2023.

Term And Termination

These Legal Terms remain in effect while you use the Services. We may suspend or terminate your access at our discretion, without notice, for any reason, including violation of these Legal Terms or applicable law. Upon termination, you must cease using the Services and may not create a new account without our permission.

Modifications And Interruptions

We may modify or discontinue the Services at any time without notice. We are not liable for any loss or inconvenience caused by interruptions, delays, or discontinuance of the Services.

Governing Law

For users in India, these Legal Terms are governed by the laws of India, with disputes subject to the jurisdiction of courts in Mumbai, Maharashtra. For users in the United States, these Legal Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Dispute Resolution

Informal Negotiations

Disputes related to these Legal Terms or the Services must first be addressed through informal negotiations for at least 30 days.


Binding Arbitration (U.S. Users)

For U.S. users, unresolved disputes will be settled by binding arbitration under the American Arbitration Association (AAA) Consumer Rules, conducted in Delaware. Arbitration fees will be governed by AAA rules. You waive the right to a jury trial.


Court Jurisdiction (India Users)

For India users, disputes not resolved informally will be subject to the exclusive jurisdiction of courts in Mumbai, Maharashtra.


Exceptions

Disputes involving intellectual property, theft, or injunctive relief may be resolved in court rather than arbitration.


Time Limit

Any dispute must be brought within one year of the cause of action arising, unless prohibited by applicable law.

Limitations Of Liability

To the fullest extent permitted by law, we are not liable for indirect, consequential, or punitive damages arising from your use of the Services. Our liability is limited to the amount you paid us in the three months prior to the cause of action. Certain laws in India and U.S. states may grant additional rights.

Indemnification

You agree to indemnify and hold us harmless from any claims, losses, or damages, including legal fees, arising from your use of the Services, breach of these Legal Terms, or violation of third-party rights.

User Data

We maintain data you provide to manage the Services. You are responsible for maintaining backups of your data. We are not liable for loss or corruption of your data.

Electronic Communications

Using the Services, sending emails, or completing online forms constitutes electronic communication. You consent to receive electronic communications, which satisfy legal requirements for written communication.

Consumer Protection Compliance

India Users: We comply with the Consumer Protection Act, 2019, and related regulations. You may file complaints with us at info@bincainc.com or through consumer protection authorities.


U.S. Users: If a complaint is unresolved, California residents may contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.


Miscellaneous

These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any provision does not waive it. We may assign our rights and obligations. We are not liable for delays or failures beyond our control. Unenforceable provisions are severable without affecting the remaining terms.


Contact Us

For complaints or inquiries, contact us at:

Binca Inc.

8, Shahviri Building,
Picket Road, R.S. Sapre Marg,
Kalbadevi, Mumbai,
Maharashtra 400002, India

Email: info@bincainc.com