Terms of service

TERMS OF SERVICE

Last updated: June 2026

OVERVIEW

This website is operated by MemoryTrain Creatives Private Limited (“Memory Train”, “Memorytrain”, “we”, “us”, or “our”). Throughout the site, the terms “we”, “us” and “our” refer to MemoryTrain Creatives Private Limited.

Memory Train offers this website, including all information, tools, products, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including additional terms, conditions, and policies referenced herein or available by hyperlink.

These Terms apply to all users of the site including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms.

If you do not agree to all the Terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features, tools, or services added to the current store shall also be subject to these Terms.

We reserve the right to update, modify, or replace any part of these Terms by posting changes to our website. Your continued use of the website following any updates constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and Services to you.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that:

  • you are at least the age of majority in your jurisdiction; or
  • you have provided consent for any minor dependents using this site.

You may not use our products or Services for any unlawful or unauthorised purpose.

You must not violate any applicable laws, including intellectual property and copyright laws, while using our Service.

You must not transmit viruses, malware, worms, or destructive code.

Any breach of these Terms may result in immediate termination of access to our Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (excluding payment information) may be transferred unencrypted over networks and adapted to technical requirements.

Payment and credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, exploit, or commercially use any part of the Service without our written permission.

Section headings are included for convenience only and do not affect interpretation.


SECTION 3 - ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

Information on this site is provided for general informational purposes only.

We are not responsible if information available on this site is inaccurate, incomplete, or outdated.

You agree that reliance on any material on this site is at your own risk.

Historical information may appear on the site and is provided solely for reference.

We reserve the right to modify site content at any time without obligation to update information.


SECTION 4 - MODIFICATIONS TO SERVICES & PRICES

Prices for products may change without notice.

We reserve the right to:

  • modify or discontinue products or Services;
  • suspend or discontinue portions of the website;
  • limit product availability;
  • revise specifications or pricing.

We shall not be liable for any modification, suspension, discontinuance, or pricing change.


SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online and may have limited quantities.

All products are subject to our Refund Policy and Shipping Policy.

Many MemoryTrain products are handcrafted, artist-finished, hand-painted, or produced using artisanal and semi-manual processes. Minor variations in:

  • color,
  • finish,
  • texture,
  • dimensions,
  • brush strokes,
  • sculptural detailing,
  • alignment,
  • or surface characteristics

may naturally occur and shall not be considered defects.

We make every effort to display product colors and finishes accurately; however, we cannot guarantee that your monitor or device will display colors accurately.

We reserve the right to:

  • limit product quantities;
  • limit sales by geography or customer;
  • discontinue products;
  • refuse orders.

Custom-made, personalized, commissioned, or corporate/B2B orders may be governed by separate written agreements, quotations, approvals, or project-specific terms.


SECTION 6 - ORDER ACCEPTANCE & BILLING INFORMATION

We reserve the right to refuse, cancel, or limit any order.

Orders may be cancelled if:

  • fraudulent activity is suspected;
  • incorrect pricing or inventory exists;
  • payment authorisation fails;
  • reseller activity is suspected;
  • intellectual property misuse is suspected.

Customers agree to provide current, complete, and accurate account, billing, and shipping information.

MemoryTrain shall not be responsible for delays or losses caused by incorrect customer information.


SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties or endorsements.

Use of optional tools is entirely at your own risk.

Future tools, features, and Services introduced on the website shall also be subject to these Terms.


SECTION 8 - THIRD-PARTY LINKS

Third-party links may direct you to websites not affiliated with us.

We are not responsible for:

  • examining third-party content;
  • evaluating accuracy;
  • monitoring third-party practices;
  • losses arising from third-party transactions.

You should review third-party policies before engaging in transactions with them.


SECTION 9 - USER COMMENTS & SUBMISSIONS

If you submit comments, feedback, ideas, designs, suggestions, proposals, or other materials, you agree that we may use, reproduce, edit, publish, distribute, and display them without restriction.

We are under no obligation to:

  • maintain submissions in confidence;
  • compensate for submissions;
  • respond to submissions.

You agree that your submissions will not violate:

  • intellectual property rights;
  • privacy rights;
  • applicable laws.

You remain solely responsible for the content and legality of your submissions.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES & OMISSIONS

Occasionally information on our site may contain:

  • typographical errors,
  • inaccuracies,
  • omissions relating to pricing,
  • promotions,
  • shipping timelines,
  • availability,
  • product descriptions.

We reserve the right to correct errors, update information, or cancel orders without prior notice.


SECTION 12 - PROHIBITED USES

You are prohibited from using the website or its content:

  • for unlawful purposes;
  • to violate laws or regulations;
  • to infringe intellectual property rights;
  • to harass, abuse, threaten, or discriminate;
  • to submit false or misleading information;
  • to distribute malware or malicious code;
  • to scrape or extract website data;
  • to spam, phish, crawl, or exploit the website;
  • to commercially reproduce our products or designs;
  • to reverse engineer, mould, cast, scan, replicate, or counterfeit our products or artistic works;
  • to misuse our branding, photography, or design assets.

We reserve the right to terminate access for prohibited activities.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that:

  • the Service will be uninterrupted;
  • the Service will be error-free;
  • defects will be corrected immediately;
  • the website will always remain available.

All Services and products are provided “as is” and “as available” unless expressly stated otherwise.

To the maximum extent permitted under law, MemoryTrain Creatives Private Limited and its directors, employees, affiliates, contractors, suppliers, licensors, and service providers shall not be liable for:

  • indirect damages;
  • consequential damages;
  • loss of profits;
  • production delays;
  • courier delays;
  • shipping damages;
  • loss of data;
  • business interruption;
  • temporary website downtime;
  • handcrafted variations;
  • misuse or mishandling of products.

Customers are responsible for proper handling, installation, care, maintenance, and environmental protection of products after delivery.

Our total liability for any claim shall not exceed the amount actually paid by the customer for the relevant order.


SECTION 14 - SHIPPING, DELIVERY & RISK TRANSFER

Estimated delivery timelines are indicative only.

Production and shipping timelines may vary due to:

  • production schedules,
  • handcrafted processes,
  • approval delays,
  • logistics disruptions,
  • weather,
  • customs,
  • force majeure events.

Risk of loss or damage passes to the customer upon:

  • successful delivery confirmation; or
  • transfer to the shipping carrier,
    whichever occurs first.

Visible shipping damage must be reported within 48 hours with supporting photographs and packaging evidence.


SECTION 15 - INTELLECTUAL PROPERTY

All website content including:

  • product designs,
  • sculptures,
  • renders,
  • 3D models,
  • photographs,
  • logos,
  • graphics,
  • packaging,
  • branding,
  • artistic concepts,
  • written content,
  • videos

are the intellectual property of MemoryTrain Creatives Private Limited unless otherwise stated.

No content may be copied, reproduced, distributed, molded, cast, commercially exploited, reverse engineered, or reused without written permission.


SECTION 16 - INDEMNIFICATION

You agree to indemnify and hold harmless MemoryTrain Creatives Private Limited and its affiliates, directors, employees, contractors, suppliers, and licensors against claims, liabilities, losses, damages, legal costs, and expenses arising from:

  • your breach of these Terms;
  • misuse of the website;
  • violation of intellectual property rights;
  • unlawful conduct connected to your use of the Service.

SECTION 17 - SEVERABILITY

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


SECTION 18 - TERMINATION

These Terms remain effective unless terminated by either party.

We may suspend or terminate access to the Service immediately if:

  • you breach these Terms;
  • fraudulent or unlawful activity is suspected;
  • misuse of intellectual property occurs.

Any obligations or liabilities incurred before termination shall survive termination.


SECTION 19 - ENTIRE AGREEMENT

These Terms, together with any policies or operating rules posted on the website, constitute the entire agreement between you and MemoryTrain regarding use of the Service.

These Terms supersede prior agreements, communications, or understandings.


SECTION 20 - GOVERNING LAW & JURISDICTION

These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of India.

Any disputes arising from these Terms, products, Services, or website usage shall be subject to the exclusive jurisdiction of the competent courts located in Kochi, Kerala, India.

The parties agree to first attempt amicable resolution through discussions.

If unresolved, disputes may be referred to arbitration in Kochi, Kerala under the Arbitration and Conciliation Act, 1996. The arbitration language shall be English.


SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the latest version of the Terms at any time on this page.

We reserve the right to update or replace any part of these Terms by posting updates on our website.

Continued use of the website after changes constitutes acceptance of those changes.


SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to:

MemoryTrain Creatives Private Limited

Email: contactus@memorytrain.com

1st Floor, Door No 37/2955/A3, Block No. 225
Near Devankulangara, behind Changampuzha Park
Elamakkara, Edapally
Kochi, Kerala – 682024
India

Phone: +91 484 460 7404

GSTIN: 32AANCM5186B1ZJ