These terms and conditions of use (“Terms of Use”) of the website boxplank.com / boxplank.in and all the web-pages and services provided thereunder (“Website”) is entered into between Aryan Wood Products Pvt Ltd, a company incorporated under the Companies Act 1956 (the “Company”) and the user of the Website (“You”).

These Terms of Use describe the terms by which You may access the Website. These Terms of Useare published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules 2011 that require publishing the rules and regulations, privacy policy and terms of use to access the Website.

1. GENERAL

The Website is an internet-based portal owned and operated by the Company. These terms of use shall come into effect upon each visit or usage of the Website, or upon Your registration, or upon any information being provided by You on the Website.

The Company may amend these Terms of Use at any time by posting a revised version of the same on the Website. The revised version will be effective immediately upon the same being posted on the Website. Your acceptance of these Terms of use constitutes acceptance of such revision and revised terms and You hereby confirm the posting of such revised Terms of use on the website as aforesaid constitutes sufficient notice, to You of the contents thereof.

2. SERVICES

The Company, by way of the Website, offers a platform for the sale and purchase of wood, wood panel-based products, other related furnishing, home products and installation of the same (“Services”) by various vendors and to Users.

3. ACCOUNT INFORMATION

3.1. The Company may make the Services available to You, if You have agreed to become a member of the Website by becoming a registered user. A registered user is one who has allocated himself a unique identification user name and password (“Account Information”) to become a registered user (“Registered User”).However limited services may be made available by the Company on the website without requiring login as a Registered user, at its sole discretion.

3.2. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur in Your account. You agree to immediately notify the Company of any unauthorized use of Your Account Information or any other breach of security. Also, please ensure that You exit from Your account, once you have accessed the Website. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to authorized or unauthorized use of Your account as a result of Your failure in keeping Your Account Information secure and confidential.

3.3. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

3.4. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Website.

4. PRICING INFORMATION

4.1. You agree to provide correct and accurate credit or debit card details to the approved payment gateway for availing Services. You shall not use the credit or debit card which is not lawfully owned by You. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit or debit card details. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit or debit card.

5. USER OBLIGATIONS

5.1. You understand and agree that the Company and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. You agree, undertake and confirm that Your use of the website shall be strictly governed by the following binding principles set out in these Terms of Use.

5.2. You are solely responsible for Your Account Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list any information or item that:

a. Belongs to another person and to which You do not have any right.

b. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

c. Harm minors in any way.

d. Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.

e. Violates any law for the time being in force.

f. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

g. Impersonates another person.

h. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

i. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

j. Is false, inaccurate or misleading.

5.3. You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

5.4. You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under these Terms of Use or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.

5.5. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, Terms of Use and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Company against You either in these Terms of Use or any policy contained herein, in any applicable law or under torts.

5.6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations.

6. USE OF MATERIALS

6.1. You may access and use the materials solely for personal, informational, and internal purposes, in accordance with these Terms of Use.

6.2. You may not modify or alter product catalogues or any other materials available on the Website.

6.3. You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

6.4. Elements such as the design, layout or look and feel of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

6.5. Any software that is available on the Website is the property of the Company. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Company.

7. DEFECTS AND RETURN POLICY

7.1. Period of Inspection, notification of defects, and desire to return:

The inspection of material must be done by You at the time of delivery. In the event that you are dissatisfied with the size or the appearance of the delivered product, you may choose to return the product immediately and, in such event, may either opt for a replacement of the same product or choose an alternative product from the samples carried by the Company at the time of delivery.Replacement requests beyond this stage, i.e. after delivery is completed and no request being raised by You at the time of delivery shall not be considered.

7.2. Store Credit

In the event you return the product, the sale price or the money already paid by you shall be credited to your customer account. The credit can be utilized to pay for the replacements chosen by you under clause 7.1 above or your future purchases.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (the “Content”) on the Website is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

8.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of the Company or other third parties. You are not permitted to use the Marks without the prior consent of the Company or the third party that owns the Marks.

8.3. The Company owns all intellectual property rights to the trademark “[Insert name]” and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, databases, text, content, graphics, icons, and hyperlinks.

8.4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company or thirty party owner of such Content.

9. DISCLAIMER OF WARRANTIES AND LIABILITY

9.1. You agree to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use, Terms and conditions or any additional terms applicable to the purchase of products.

9.2. In no event shall the Company, its officers, directors, employees, partners or vendors be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein.

9.3. The Company will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or Account Information or any services or materials, either with or without your knowledge. The Company endeavors to ensure that all the information on the website is correct, but the Company does not provide any warranties relating to the quality, accuracy or completeness of any data, information, product or service. The Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason. You understand and agree that any material or data downloaded or otherwise obtained through the website is done entirely at Your own discretion and risk and will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data. The Company is not responsible for any typographical error leading to any invalidity of any kind. The Company accepts no liability for any errors or omissions, with respect to any information provided to You by itself or on behalf of third parties.

9.4. The Company shall not be liable for any third party product or services. The advertisements available on e-mail or Website with respect to any third party website or the products and services are for information purpose only.

9.5. Notwithstanding anything to contrary, the Company’s entire liability to You shall be the refund of the money charged to You for any product or service, in relation to which unlikely liability arises.

9.6. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

10. VIOLATION OF THESE TERMS OF USE

10.1. The Company may, in its sole discretion and without prior notice, terminate Your access to the Website if the Company determines that You have violated the terms,or any other duty owed to the Company.

10.2. You agree to indemnify, defend and hold harmless the Company, its affiliate vendors, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You. Further, You agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the terms, or Your violation of the rights of any another person. The Company will also be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Company.

11. TERMINATION

11.1. These Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You want to terminate Your agreement with the Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts (if any).

11.2. The Company may at its discretion and at any time with or without notice terminate or suspend these Terms of Use without cause or with cause if:

a. You breach any of the provisions of these Terms of Use, the privacy policy or any other terms, conditions, or policies that may be applicable to You; 
b. The Company is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority); 
c. The provision of the Services to You by the Company, in the Company’s opinion, no longer commercially viable; 
d. The Company has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You;or 
e. For technical or any other reasons, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, User ID and password, and all related information, files and materials associated with You or inside Your account (or any part thereof); and (iii) barring of further use of the Website or Services. The Company may also delete any content or other materials relating to Your use of the Website.

11.3. The Company shall not be liable to You or any third party for any such termination.

11.4. Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.

12. GOVERNING LAW

12.1. These Terms of Use and all transactions entered and the relationship between You and the Company and any mutual claims shall be governed in accordance with the laws of India.

12.2. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Bangalore Urban District, India and You hereby accede to and accept the jurisdiction of such courts.

13. REPORT USE

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to [hi@grouparyan.com]

14. PRIVACY POLICY

You confirm that you have read and fully understand the Privacy Policy of the Company in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You. You can access the Privacy Policy at our page [Insert link]

15. NEWSLETTERS AND COMMUNICATIONS

You hereby expressly agree to receive communications and newsletters from the Company by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from the Company at anytime.

16. MISCELLANEOUS PROVISIONS

16.1. Notice

All notices from the Company will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to the Company pursuant to these Terms of Use should be sent to [Argus Note: Insert link].

16.2. Assignment

You cannot assign or otherwise transfer these Terms of Use, or any rights hereunder to any third party. The Company’s rights under these Terms of Use are freely transferable by the Company to any third parties without the requirement of seeking Your consent.

16.3. Severability

If a Court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of these Terms of Use. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.

16.4. Feedback and Information

Any feedback You provide to this Website shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.

16.5. Exactness Not Guaranteed

The Company triesits best to deliver products exactly the way they appear on the site. However, the nature and tendency of natural wood-based products may result in variations. The Company hereby disclaims any guarantees of exactness of the finish or appearance of the final product ordered by the user over and above generally acceptable standards on the same. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations.