Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.
General Information

The domain name www.miniwhale.in ( hereinafter referred to as “Site” or “Website” or “miniwhale.in”) is registered in the name of Toys&Us (ToysandUs) a company incorporated under the Companies Act, 1956 (Hereinafter referred to as the company).

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use“) as applicable to the Website. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with these terms and conditions constitute your binding obligations, with the company.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The term “we“, “us“, “our” shall mean company or miniwhale.in or all.


All products/services and information displayed on miniwhale.in constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. miniwhale.in reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of miniwhale.in prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. You may use this site only if your age is over 18 years.

miniwhale.in reserves the right to terminate your membership and refuse to provide you with access to the Site if miniwhale.in discovers that you are under the age of 18 years. In the case of a business entity, you represent that you have the necessary authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. miniwhale.in makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. miniwhale.in will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.

Unless otherwise stated as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of miniwhale.in you agree to be bound by the Terms and Conditions.


miniwhale.in reserves the right at all times to discontinue or modify the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the site after such modifications would be deemed to constitute acceptance of the modified terms by the End-User

Account and Registration

It is the user’s responsibility to keep the details of the account and password confidential and you agree to accept responsibility for all activities that occur under Your Account or Password. miniwhale.in shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately. If miniwhale.in has reason to believe that there is likely to be a breach of security or misuse of the miniwhale.in Site, we may require you to change your password or we may suspend your account without any liability to miniwhale.in
You also agree to:

  1. Provide true, accurate, current, and complete information about yourself as prompted by the miniwhale website during the registration process (such information being the “Registration Data”)
  2. Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if miniwhale.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or not in accordance with the User Agreement, miniwhale.in will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Pricing Information

While miniwhale.in shall endeavor to provide accurate product and pricing information, yet typographical errors might occur. miniwhale.in cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, miniwhale.in shall have the right, at its sole discretion, to refuse or cancel orders at any stage prior to delivery. In case, any kind of fraudulent activity is detected, miniwhale.in can recover its dues, if any, from the User’s successive orders. In the event that an item is mispriced, miniwhale.in may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and miniwhale.in will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that miniwhale.in accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to miniwhale.in dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.

Applicability of GST

All discount coupons and/or cash back offers includes an applicable component of GST benefits being passed on to customers.

Applicable GST collected on the discounted price is duly deposited with the respective GST Authorities having jurisdiction or adjusted as per the applicable GST Act and Rules

Price after discount in no way should be treated as the revised MRP. Discount % shown on MRP is only for the purpose of calculation of Discount amount and GST is charged as per the explanation given above.

For the purpose of invoicing on the Website, Discounts shall include Coupons, Cashbacks, Cart offers, Promotional offers or any other offer which results into reduction in the regular MRP.

For any discounted product, the GST charged will be displayed in the Cart. In case a Customer avails discount through Coupons, GST, if any, on a transaction will be applicable only upon confirmation of the Coupon and the GST amount will be visible directly on the checkout page.
The amount of taxes shown at the cart level is a mere estimate. The actual GST rate may vary depending upon the SGST prescribed by the respective state.

GST Benefits

All Discount coupons and/or cash back offers includes an applicable component of GST benefits being passed on to customers.

Promotion Offers

For any returned or undelivered orders, partial or whole, the user will not be eligible to avail of the offer used to purchase the original order. The benefit of the offer would also not be included in the refund provided. If the product(s) returned are part of any free offer, Eg: Buy 2 get 1 free or Buy 1 get 1 free, all the products related to the offer would have to be returned by you, as they have been purchased as part of a group offer. The refund/replacement process would only be initiated once all the products have been returned.

From time to time, we may provide a free sample or gift along with our orders which are eligible for the offer. These samples/gifts will not be eligible for return/replacement/refund under any circumstances.

Coupon Codes & Cart Offers

To offer special discounts to our users from time to time, we share coupon codes based discounts. To prevent any possible misuses we have put in place a few checks on the ways in which these coupon codes can be used.
To make the best use of the coupon code offers, please go through the following terms and conditions applicable on all coupon codes

  1. Coupon Codes & Cart Offers based offer will be valid upon application of the coupon code at the time of placing order.
  2. Coupon Codes & Cart Offers will be valid till the date communicated or till stocks last on the applicable products, whichever happens earlier.
  3. A Coupon Codes & Cart Offers can be used only once per user per household unless otherwise mentioned.
  4. A Coupon Codes & Cart Offers cannot be combined with any other coupon code or with any other offer including offers running on the site without using coupons.
  5. A coupon will provide the stated discount of the coupon code or the discount already stated on the product whichever is higher unless otherwise mentioned.
  6. Coupon codes shared individually with a user will be applicable on purchase made by that particular user only.
  7. The website reserves the right to change the terms and conditions of any coupon code any time without prior intimation.
  8. Shipping / Cash on delivery rules and charges apply on the net amount payable upon application of the coupon code unless otherwise mentioned.
  9. Cashback coupons are valid for next purchase as per the conditions mentioned with the Cashback offer.
  10. The Cash Coupons added to an account can be changed/updated at any point of time by ToysandUs. without any prior intimation. These changes could be made from time to time even before the valid expiry date of the existing Cash Coupons.
  11. Offer valid only on the listed Sizes & Colours of the products featured on the page

Cashback Offers

Cashback Offers are run from time to time to award users for their purchase from miniwhale.in The terms and conditions applicable with these Cashback offers are as below

  • The Cashback amount, the purchase conditions and the product range on which the Cashback offer is valid will be as specified along with the Cashback offer
  • The Cashback amount will be received by the user as a coupon through a Cashback email. The Cashback coupon would be received by you up to 10 days after the delivery of the order. Eg: If your order has been delivered on 3rd September, you would be receiving the Cashback coupon on mail latest by 13th September.
  • Cashback will not be earned on purchases of the Guaranteed Savings Offer codes. They will only be earned on the products mentioned in the cashback promotions.
  • Cashback will not be provided for any product(s) which have either not been delivered to you or which has been returned by you. In the event of any replacement provided to you, the replacement product value will not be added to the cashback calculations available to you to redeem on site.
  • The maximum Cashback given out is Rs. 250 and is applicable on the MRP of the product, unless mentioned otherwise
  • The Cashback coupon can be used till the date of validity as specified in the Cashback email
  • The company reserves the right to change the terms and conditions of the Cashback offers without prior intimation
  • The Cashback is not applicable on cancelled orders

Gift Certificate

The terms and conditions applicable for Gift Certficate are as below

  • Gift certificate Delivered via email.
  • The Gift Certificate can be used against your purchase on miniwhale.in
  • Customers must open a free account at miniwhale.in to redeem his or her gift certificate.
  • Every gift certificate has a unique code. To redeem the gift certificate, enter this code in your shopping cart.
  • Both a gift certificate and credit card may be used to pay for your order. If both are used, we will charge the gift card first and the remaining balance will be charged to your credit card.
  • Unused gift certificates may not be redeemed for cash.
  • Gift certificates are not replaceable if lost or stolen.
  • Gift certificates value can be redeemed in multiple purchases.
  • Gift certificates may only be redeemed for orders shipped in India.
  • Gift certificates may only be redeemed through Recipient’s Email

Address. Gift Certificate cannot be purchased through Cheque/Cash on Delivery/Loyalty Cash

Gift Wrapping

Gift wrap option is available only on selected products. You can choose to gift wrap the selected products in your order by selecting “ADD GIFT WRAP@ Rs. 30” in “Order Summary” tab at the time of checkout. The gift wrap will also include a personalized message.

The external Gift Packaging will not include any pricing, discount or payment information. However, the original product tag with the MRP will be intact on the products inside the package.

Discounts and Coupons are not applicable on the gift wrap charge.

Please note that in case you return your order, the gift wrap charges will not be credited back.

Minimum Order Value

To place an order on miniwhale.in the minimum order value has to be more than Rs. 249 (Excluding COD charges, Shipping charges, Taxes or value reduced after application of coupons or any other offer)

Credit Card Details

You hereby agree, understand and confirm that the credit card details provided by you for availing of services on website will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. The card details will not be utilised and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove it otherwise’ shall be exclusively on you.

Fraudulent /Declined Transactions

In case of fraudulent use of the site, we reserve the right to recover the cost of goods, collection charges and lawyers fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Cancellations by the Customer

In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders.

Cancellation by miniwhale.in

Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also ask for additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be add to the “Cash Refund” section of your miniwhale account. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.


While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

1. lack of authorization for any transaction/s,

2. or exceeding the preset limit mutually agreed by you and between your “Bank/s”,

3. or any payment issues arising out of the transaction,

4. or decline of transaction for any other reason/s.

All payments made against the purchases/services on miniwhale.in by you shall be compulsorily in Indian Rupees acceptable by the Union of India. miniwhale.in does not accept any other form of currency with respect to the purchases.

Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

Who can write a product review on miniwhale.in?

Anyone who has an account with miniwhale.in can write a product review.

Are there any specific rules that need to be followed while writing a review?

No, there are no specific rules which need to be followed while writing a review. However we have put together some guidelines which can be followed while writing a product review –

1. Be Precise and Specific

While writing a product review you should keep in mind the fact that other miniwhale users might use your review to form a judgment, whether to select the product or not. Therefore a precise, specific & unbiased product review plays a critical part and would always help a customer make a better choice about which product to buy.

2. Don’t keep any loose ends

Always keep all the details provided well settled and explained. Incomplete or inaccurate information will not help any customer other than confusing them about the product.

3. Spell what is required

A good review should serve the most basic purpose i.e. what you liked/disliked about the product and why with the exact details.

4. Remove distractions from review

Before submitting the review for moderation it is wise to spell check and proofread your review accurately.

What needs to be avoided while writing a review?

miniwhale reserves the right to not include the product review that include any one or more of the following –

1. Inappropriate content – like promotional information or phone numbers.

2. Information not related to product – Shipment/Delivery Experience, availability, ordering etc

3. Inaccuracies in product information & product catalogue.

4. References – to other retailers, pricing, personal information etc.

5. Copying and pasting text from other reviews, guides, or sources.

6. Comments on other reviews posted on the product page.

7. Foreign language content.

8. Off-topic information or obscene content.

9. Irrelevant user IDs or email ids used for posting reviews.

You Agree and Confirm

1. That you will use the services provided by miniwhale.in, its affiliates, consultants, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.

2. You will provide true, accurate, complete, and current information in all instances where such information is requested of you. miniwhale.in reserves the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), miniwhale.in has the right in its sole discretion to reject the registration and debar you from using the Services of miniwhale.in and/or other affiliated websites without prior intimation whatsoever.

3. To compensate miniwhale.in for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).

4. That you using your best and prudent judgment before entering into any transaction through this Site doing so at your sole risk.

5. After placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Site for any of the following purposes:

1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

2. Transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence.

3. Gaining unauthorised access to other computer systems.

4. Interfering with any other person’s use or enjoyment of the Site.

5. Breaching any applicable laws.

6. Interfering or disrupting networks or web sites connected to the Site.

7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Design details and Colours.

We have made every effort to capture high resolution images of our products so that you get a feel of the design details and colours of our products that appear on the Site as accurately as possible. However, what you actually see will depend on your monitor; we cannot guarantee that your monitor’s display of any colour or other details will be accurate.

Electronic Communications

When you visit the miniwhale Site or send emails to us, you are communicating with us electronically. You hereby provide your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modification of Terms & Conditions of Service

miniwhale.in reserves the right to make changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) at our sole discretion and you may not be notified. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. You have accepted the Agreement as amended if you continue to use any of miniwhale.in’s Services after any amendments are posted on our Website.

Shop ‘n’ Earn Loyalty Cash

This Program Membership Agreement (“Agreement”) explains the terms and conditions that govern your participation in the Shop ‘n’ Earn Loyalty Cash Program (“Program”). This Agreement is between the Applicant (“You”) and the company. It is your responsibility to read and understand the terms and conditions of this Agreement. By registering as a member in the Program (“Member”), you agree to be bound by these Program Terms of Use and the Privacy Policy of miniwhale.in

Shop ‘n’ Earn Loyalty Cash

This Program Membership Agreement (“Agreement”) explains the terms and conditions that govern your participation in the Shop ‘n’ Earn Loyalty Cash Program (“Program”). This Agreement is between the Applicant (“You”) and the company. It is your responsibility to read and understand the terms and conditions of this Agreement. By registering as a member in the Program (“Member”), you agree to be bound by these Program Terms of Use and the Privacy Policy of miniwhale.in

I. Program Overview

1. This is an exclusive miniwhale.in program designed to reward miniwhale.in customers for purchasing products from this site. The Program is available on the miniwhale.in Websites and cannot be used in case of products being purchased from third party sites or stores.

2. Participation in the Program and the benefits that are offered to Program members is at the sole discretion of the company, and we have the right to change the respective Program terms and conditions, in whole or in part, at any time with or without giving any notice to its Members.

3. Program is available only to retail customers who are transacting on miniwhale.in website and would not be available to any wholesale/ third party customers purchasing any miniwhale.in product(s).

II. Eligibility and Registration Requirements

1. You must be of legal age (18 years) to qualify for membership in the Program.

2. Members must be human: no machines, scripts, or automated services may be used to participate in this program.

3. To begin the enrolment process, you will submit a complete Program Application via the miniwhale.in Site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that you are unsuitable for the Program.

III. Earning and Redeeming Rewards

1.You become a part of this program automatically on registering on miniwhale.in

2. Company may, in its sole discretion, introduce time-limited promotional offers (“Promotion”) that enable Program Members to earn additional rewards for the completion of actions that are specified by us.

3. Once a Member meets all applicable requirements for a Promotion, the designated number of rewards specified by that Promotion shall be transferred to the Member. If eligible, the loyalty cash would be credited to the users account within 48 hours of successful delivery of the order. Cancelled / Returned orders shall not add loyalty cash to your account. 

4. If you choose to return/cancel part or whole of any order for which you have earned loyalty cash, company may refund you a deducted amount based on the Loyalty Cash earned for the returned/cancelled product. Eg. If you return any product/products, priced at Rs. 500 which have earned you Rs.50 loyalty cash, company holds the right to refund you only Rs. 450 to adjust for the Loyalty Cash earned by you.

5. Company is not responsible for changes to, or discontinuance of, any Promotion or for any effect on accrual of rewards caused by changes or discontinuance. 

6. At no point, can the earned Loyalty Cash be redeemed for cash. It may only be used to purchase products on miniwhale.in except in one condition where Guaranteed Savings Code is also used against the products in the order.

7. The eligibility to use the Loyalty Cash against your purchased amount can be changed by company at any time during the program without prior intimation to the users.

8. You will not earn any Loyalty Cash in the following scenarios:

  • If you have availed any offer which provides product(s) for free in your order.
  • If you choose to earn Loyalty Cash from any other third party provider such as Payback.

9. Your loyalty cash will be reduced by the percentage discount applicable on the product, either on site or through the use of any coupon code. Only the loyalty cash applicable on the product at the time of purchase would be given to you. If the discounts are revised on a later date, you will not be entitled to the revised loyalty cash

10. If you return or cancel the order, you will not earn Loyalty Cash against that order.

11. If you return part of your order, you will only earn points for the products which have not been returned by you.

12. Company holds the right to decide which products earn you Loyalty Cash and which do not. Additionally, it also holds the right to change the amount of Loyalty Cash against any product without prior notice.

13. Loyalty Cash earned by you will expire on 31st March of every year from your miniwhale Loyalty Cash Account if no new order(s) have been placed on or after 1st April of the previous year. For E.g. Loyalty cash earned by you during the year, 2017-2018 will expire on 31st March 2018 from your account, if no new order(s) have been placed on or after 1st April 2017.

20. Loyalty cash earned online at miniwhale.in can be redeemed via purchase made through the miniwhale.in websites or Apps. It can also be redeemed at the miniwhale.in

IV. Disclosure of Account Information

1. Any personal data (for example name, address, telephone number, or e-mail address) that you transmit through this site will be governed by miniwhale.in Privacy Policy, which is hereby incorporated into these Terms and Conditions by reference.

2. You authorize company to disclose necessary information that you have provided to third parties, or information that company has obtained about your Account: (i) to agents of company or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for fulfilment with third party suppliers.

3. By entering into this Agreement, you authorize company and its Suppliers to share personal information about you, including but not limited to your e-mail address, full name and address.

V. Termination or Changes to the Program

1. Company reserves the right to terminate the Program at any time without notice. Notification of Program termination would be publicized on the Program Web site only.

2. Company may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms and Conditions page of the Program Website regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

VI. Fraud; Termination of Membership

Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of rewards, or any misrepresentation of any information furnished to company or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Program account and/or forfeiture of your rewards / earnings. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, COMPANY reserves the right to suspend access to your account indefinitely pending investigation.

VII. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the Loyalty Cash paid or payable to you under this Agreement.

VIII. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the miniwhale.in Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

IX. Disputes

Any dispute relating in any way to the Program or this Agreement in which the aggregate total claim for relief sought on behalf of one or more parties exceeds INR 1,00,000 will be adjudicated in any federal court in Mumbai, Maharashtra, and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

X. Miscellaneous

This Agreement will be governed by the laws of the Indian Republic and the state of Maharashtra, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.