Welcome to Boxwalla India India!
The portal www.theboxwalla India.in (“Platform”) is managed and operated by Boxwalla India Private Limited (“Boxwalla India”, “we”, “us” or “our”). Any natural or legal person who accesses and/or uses the Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the platform (“Service”) will be subject to these terms and conditions for use of the Platform (“Terms”), as updated from time to time. Your access to Services or utilisation of Products (defined below), offers or promotions in relation to the Products, as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with such Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product.
These Terms constitute an electronic record within the meaning of the Information Technology Act, 2002. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms carefully before using or accessing the Platform or availing any Service. By using the Platform or availing any Service, you signify your agreement to be bound by these Terms.
For the purposes of these Terms, “Products” shall mean the diverse range of books, home, beauty, makeup products listed on the platform from time to time and other products offered for sale to you on the Platform; and (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable for usage of the platform and for the purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF THE platform
1.4 We authorise you to view and access the Platform solely for identifying Products, carrying out purchases of Products and processing refunds, in accordance with the Refund Policy. We therefore grant you a limited, revocable permission to access and use the Services.
1.5 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the concerned Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including the terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have the authority to act on behalf of that entity, and that such entity accepts this Agreement.
2. REGISTRATION OF YOUR ACCOUNT
2.1. If you use this site, register on the platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
2.1.1 You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Boxwalla India is not responsible for third-party access to your account that results from theft or misappropriation of your account. Boxwalla India and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
2.1.2 Third Party Accounts: You will be able to connect your Boxwalla India account to third-party accounts. By connecting your Boxwalla India account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
2.2.1 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of Boxwalla India or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
2.2.2 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. Boxwalla India content is not for resale. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Boxwalla India and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Boxwalla India or our licensors except as expressly authorized by these Terms.
3. COMMUNICATION AND UNSUBSCRIPTION
3.1 By accessing and using the Platform and/or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.
4. ACCESS TO IMAGES
4.1 By accepting the Terms, you provide explicit consent to us, to have access to your camera and gallery applications installed in your phone or computer, through which you are using the platform, for the purpose of enabling us to provide Services.
4.2 You acknowledge and agree that in addition to the restrictions set out in paragraph 11 (User Warranties and Restrictions), you will ensure that any image uploaded by you: (i) does not belong to another person, in relation to which you do not have any right; or (ii) such image is not defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethically objectionable; or (iii) is not harmful to child; (iv) should not infringe any copyright or other proprietary rights; (v) does not impersonate another person; or (vi) does not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or (vii) should not contain indecent representation of women in any form; or (viii) violates any law for the time being in force, including but not limited to Information Technology Act, 2000, Indecent Representation of Women (Prohibition) Act, 1986 and Indian Penal Code 1860, and the rules made thereunder (as applicable).
4.3 When you upload images that are covered by third party intellectual property rights, you grant or in case of a third party, ensure that they are granted by you (whether by yourself or on behalf of the third party), a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, copy, or display, translate and create derivative works of the images that you upload, solely in connection with the Services.]
4.4 You acknowledge and accept that for the purpose of providing Services, the images uploaded by you may be accessed, used or processed by a third party, and that we have no liability, obligation or responsibility of any nature towards you or such third party and the contract under such instances remains between you and such third party.
4.5 In the event of breach of any of the obligations mentioned in this paragraph 4 (Access to Images), you accept that we will not be liable to you or any third-party in relation to any claims, losses, liabilities, damages, and/or costs (including any attorney fees and costs) which may arise from breach of the aforesaid obligations. You further agree that you will be liable to indemnify us in accordance with paragraph 12 (Indemnification and Limitation of Liability) of the Terms.
5. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
5.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of the platform is correct at the time of inclusion on the concerned Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
5.2 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the platform shall constitute an invitation to invest in us or any affiliates. Any use of the platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or Boxwalla India upon, this website, the Information, or any third-party website linked to the platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platform, you are doing so entirely at your own risk and expense.
5.3 As a means to assist the users in identifying the Products of their choice, we provide visual representations on the platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
5.4 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
5.5 We do not covenant or provide any representations and warranties:
5.5.1 in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the platform;
5.5.2 that the Services will be made available at all times; and
5.5.3 that the operation of the platform, including the functions contained in any content, information and materials on any Platform or any third-party sites or services linked to the platform will be uninterrupted, or that the defects will be rectified, or that the platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
5.6 THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE platform, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer: To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the platform.
6. AVAILABILITY AND ACCESSIBILITY OF THE PLATFORM
6.2 We have a website offering Products, Services, content and various other functionalities to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
6.3 Information that we publish on the World Wide Web may contain references or cross references to our Products, programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country. Consult our local business contact for information regarding the Products, programs and Services that may be available to you.
6.4 We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such an account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
7. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
7.1 In your use of the platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the platform or access any other third-party website linked to the platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
8. COPYRIGHTS IN BOXWALLA INDIA CONTENT
8.1 The platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Boxwalla India Content”). All copyright and other intellectual property rights in the Boxwalla India Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the Boxwalla India Content as part of the platform. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the platform are either owned by or licensed to us.
8.2 You may use and display the Boxwalla India Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us when you register on any of the platform, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our Return and Refund Policy and for using and printing copies of the information on the platform for your personal use and store the files on your computer for personal use only and not for business purposes.
8.3 You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Boxwalla India Content contained on the platform. These restrictions apply in relation to all or part of the Boxwalla India Content available on the platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the platform; or (e) link any other material to the platform, without our express written consent.
8.5 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at contact@Boxwalla India.in and let us know of your concerns.
All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
10. LICENSE AND USE OF YOUR CONTENT
10.1 You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
10.2 You agree that we do not routinely monitor your postings on the platform but reserve the right to do so. However, if we become aware of inappropriate use of the platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
10.3 Submissions and unauthorised use of any materials contained on the platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the platform or the use of the platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
11. USER WARRANTIES AND RESTRICTIONS
11.1 You represent and warrant that: (a) your use of the Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with the platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
11.3 You will not do any of the following:
11.3.1 Delete or modify any content on the platform, including but not limited to any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
11.3.2 Decompile, reverse engineer, or disassemble the content on the platform;
11.3.3 Use the Services in any way that is unlawful, or harms Boxwalla India or any other person or entity, as determined in Boxwalla India’s sole discretion;
11.3.4 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the platform;
11.3.5 Make false or malicious statements against the Services, the platform or us;
11.3.6 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the platform and/or the Services;
11.3.7 Introduce any trojans, viruses, any other malicious software, any bots or scrape the platform for any information;
11.3.8 Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
11.3.9 Hack into or introduce malicious software of any kind onto the platform;
11.3.10 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
11.3.11 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
11.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the platform, any information that:
11.4.1 is libellous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party;
11.4.2 belongs to another person and to which you do not have any right;
11.4.3 is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
11.4.4 harms minors in any way;
11.4.5 infringes any patent, trademark, copyright or other proprietary rights;
11.4.6 violates any law for the time being in force;
11.4.7 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
11.4.8 impersonates or defames another person; or
11.4.9 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY
12.1 To the fullest extent permitted by law, in no event shall Boxwalla India or any of its directors, officers, employees, agents or content or service providers (collectively, the “Boxwalla India Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the platform or the content, materials and functions related thereto, the Services, provision of information via the platform, lost business, even if such Boxwalla India Representatives have been advised of the possibility of such damages.
12.2 In no event shall Boxwalla India Representatives be liable for:
12.2.1 the use or inability to use the platform and/or the Services;
12.2.2 any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the platform; or
12.2.3 any other matter relating to the platform or the Services.
12.3 Boxwalla India is neither liable nor responsible for any actions or inactions of the other users of the platform or any breach of conditions, representations or warranties by them. Boxwalla India is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the platform.
12.4 None of the directors, officials or employees of Boxwalla India shall be personally liable for any action in connection with the platform or the Services thereto.
13. APPLICABLE LAW AND JURISDICTION:
14. GRIEVANCE OFFICER:
In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer or at the below mentioned coordinate:
15. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
20. PRODUCT USE
Even though we recommend and advocate the use of all that we sell, we are not the manufacturers or medical professionals. Our words cannot be used in lieu of professional advice. Please patch test beauty items before use. If a product does not work for you, we may make efforts to inquire about the reason for the same.
We may also help you find other products that might work for you. However, we will not be held liable if a product does not agree with you.
21. TERMINATION AND ACCESS RESTRICTION
Boxwalla India reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is under the jurisdiction of the courts located in Delhi, India and you hereby consent to the exclusive jurisdiction and venue of courts in Delhi in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Boxwalla India as a result of this agreement or use of the Site. Boxwalla India’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Boxwalla India’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Boxwalla India with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Boxwalla India with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Boxwalla India with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.