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1. THE TERMS
These terms and conditions of use ("Terms of Use" or “Terms”) of the website woodpentry.com and instances thereof (“Website”) between Woodpentry, a company (“Company” or “Woodpentry” or “WOODPENTRY”and its successors and assigns) and the users of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which the Company offers You access to the Website.
Please
read the terms carefully before using or accessing or accessing any material,
information or services through the website. Your use of the website or the
services provided by the website shall signify your acceptance of the terms and
your agreement to be legally bound by the same.
2. GENERAL
2.1. The
Website is an Internet based portal owned and operated by the Company. Use of
the Website is offered to You subject to acceptance of all the terms,
conditions and notices contained in the Terms, along with any amendments made
by the Company at its sole discretion and posted on the Website, including by
way of imposing any charge for access to or use of a Service (defined below).
By (i) using this Website or any facility or service provided via this Website
in any way; or (ii) merely browsing the Website, You agree that You have read,
understood and agreed to be bound by these Terms and the Privacy Policy of Woodpentry.
2.2. The
Company shall not be required to notify You of any changes made to the Terms.
The revised Terms shall be made available on the Website. Your use of the
Website is subject to the most current version of the Terms of Use made
available on the Website at the time of such use. You are requested to
regularly visit the home page woodpentry.com to
view the most current Terms. You can determine when the Company last modified
the Terms by referring to the "Last Updated" legend below. It shall
be Your responsibility to check the Terms periodically for changes. The Company
may require You to provide Your consent to the updated Terms in a specified
manner before any further use of the Website and the Services. If no such
separate consent is sought, Your continued use of the Website will constitute
Your acceptance of such changes.
3. SERVICES
3.1. The
Company offers a platform that facilitates sale and purchase of merchandise and
services (“Services”) by WOODPENTRY & various third party
vendors/service providers (“Vendors”) to users. The
purchase of products and services shall be governed by the Terms of Offer For Sale.
4. ELIGIBILITY TO USE
4.1.
Services are not available to minors. In India, persons under 18 years of age
are minors. It shall be Your responsibility to ensure that you are eligible to
enter into a contract if You are resident outside India. If You do not conform
to the above qualification, You are not permitted to avail of the Services. You
represent that You are of legal age to form a binding contract and are not a person
barred from receiving Services under the laws as applicable in India.
4.2. The
Company reserves the right to refuse access to use the Services offered at the
Website to new Users or to terminate access granted to existing Users at any
time for any reason or without providing any reasons.
5. USER ACCOUNT, PASSWORD, AND SECURITY
5.1. The
Company may make the Services available to You only if You have provided
Woodpentry certain required User information and / or created an account ("Account") through a Woodpentry ID and password
or other log-in ID and password (collectively, the"Account Information").
The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guide, rules,
additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict
between the Terms of Use and the Additional Terms, the Additional Terms shall
take precedence in relation to that service.
5.2. You
will be responsible for maintaining the confidentiality of the Account
Information, and are fully responsible for all activities that occur under Your
Account. You agree to (a) immediately notify Woodpentry of any unauthorized use
of Your Account Information or any other breach of security, and (b) ensure
that You exit from Your Account at the end of each session. Woodpentry 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
Woodpentry 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.
5.3. 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.
5.4. If
You provide any information that is untrue, inaccurate, not current or
incomplete (or becomes untrue, inaccurate, not current or incomplete), or
Woodpentry has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Woodpentry has the right to suspend or
terminate Your Account and refuse any and all current or future use of the
Website (or any portion thereof).
6. PRICING INFORMATION
6.1.
Woodpentry strives to make available products and services at the best possible
prices and terms. The pricing details for purchase of products and services are
detailed under the Terms of Offer For Sale.
6.2. You
agree to provide correct and accurate credit / debit card details to the
approved payment gateway for availing Services. You shall not use the credit /
debit card which is not lawfully owned by You, i.e. in any transaction, You
must use Your own credit / debit card. The information provided by You will not
be utilized or shared with any third party unless required in relation to fraud
verification's or by law, regulation or court order. You will be solely
responsible for the security and confidentiality of Your credit / debit card
details. Woodpentry expressly disclaims all liabilities that may arise as a
consequence of any unauthorized use of Your credit / debit card.
6.3.
Woodpentry shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decof authorization for any
transaction for any reason whatsoever.
7. USER OBLIGATIONS
7.1.
Subject to compliance with the Terms & Conditions,
Woodpentry grants You a non-exclusive, limited privilege to access and use this
Website.
7.2. You
agree to use the Services, Website and the materials provided therein only for
purposes that are permitted by: (a) the Terms; and (b) any applicable law,
regulation or generally accepted practices or guide in the relevant
jurisdictions.
7.3. You
agree to adhere to all limitations on dissemination, use and reproduction of
any materials (such as the product catalogs) that You will access the Website
in accordance with the Terms and particularly Section 8.
7.4. You
agree not to access (or attempt to access) the Website and the materials or
Services by any means other than through the interface that is provided by
Woodpentry. You shall not use any deep-link, robot, spider or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy or monitor any portion of the Website or
Content (as defined below), or in any way reproduce or circumvent the
navigational structure or presentation of the Website, materials or any
Content, to obtain or attempt to obtain any materials, documents or information
through any means not specifically made available through the Website.
7.5. By
accessing or using the Website or Services, You may be exposed to content from
other users that You may consider offensive, indecent or otherwise
objectionable. Woodpentry disclaims all liabilities arising in relation to such
offensive content on the Website. Further, You may report such offensive
content in the manner prescribed below.
7.6. If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
7.7. You
agree that You are solely responsible to Woodpentry and to any third party for
any breach of Your obligations under the Terms and for the consequences
(including any loss or damage which Woodpentry or its affiliates or its vendors
may suffer) for any such breach.
7.8. You
agree and acknowledge that Woodpentry does not guarantee or provide any
warranties relating to the Vendors or the products / services offered by them.
The Website is a market-place where buyers and sellers of goods and services
may transact.
8. USE OF MATERIALS
8.1. Except as expressly indicated to the contrary herein or in any applicable Additional Terms, Woodpentry hereby grants You a non-exclusive, freely revocable (upon notice from Woodpentry), non-transferable access to view, download and print product catalogs or any other materials available on the Website, subject to the following conditions:
You may not remove any text, copyright or other proprietary notices contained in the product catalogs or any other materials available on the Website.
You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
You may
not modify or alter product catalogs or any other materials available on the
Website; and
8.2.
The rights granted to You as specified above are not applicable to the design,
layout or look and feel of the Website. Such elements of the Website are
protected by intellectual property rights and may not be copied or imitated in
whole or in part. The product catalogs or any other materials available on the
Website may be copied or re-transmitted unless expressly prohibited by
Woodpentry.
8.3.
Any software that is available on the Website is the property of Woodpentry or
its vendors. You may not use, download or install any software available at the
Website, unless otherwise expressly permitted by Woodpentry.
9. USAGE CONDUCT
9.1.
You shall solely be responsible for maintaining the necessary computer
equipment's and Internet connections that may be required to access, use and
transact on the Website.
9.2.
You shall use this Website for reasonable and lawful purposes only, and shall
not indulge in any activity that is not envisaged through the Website.
9.3.
Woodpentry shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decof authorization for any
transaction for any reason whatsoever.
10. INTELLECTUAL PROPERTY RIGHTS
10.1.
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 (collectively, the
"Content") on the Website is owned and controlled by Woodpentry 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.
10.2.
The trademarks, logos and service marks displayed on the Website
("Marks") are the property of Woodpentry or other third parties. You
are not permitted to use the Marks without the prior consent of Woodpentry or
the third party that owns the Marks.
10.3.
Woodpentry owns all intellectual property rights to the trademark
"Woodpentry" 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, meta tags, databases, text,
content, graphics, icons, and hyperlinks.
10.4.
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 Woodpentry or thirty party owner of such Content.
10.5. The Website makes available general information such as, product catalogs, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Woodpentry. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Woodpentry does not provide any guarantee with respect to any the Third Party Content and Woodpentry shall not be held liable for any loss suffered by You due to Your reliance on or use of such data.
11.
DISCLAIMER OF WARRANTIES & LIABILITY
You
expressly understand and agree that, to the maximum extent permitted by
applicable law:
11.1.
You agree to indemnify, defend and hold harmless Woodpentry from and against
any and all losses, liabilities, claims, damages, demands, costs and expenses
(including legal fees and disbursements in connection therewith and interest
chargeable thereon) asserted against or incurred by Woodpentry 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 Supply Terms or any Additional Terms
applicable to the purchase of Products.
11.2.
In no event shall Woodpentry, 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 Woodpentry 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.
Notwithstanding anything to contrary, Woodpentry entire liability to You under
this Terms of Offer For Sale or otherwise shall
be the refund of the money charged from You, under which the unlikely liability
arises.
11.3.
Woodpentry 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. Woodpentry endeavors to
ensure that all the information on the website is correct, but Woodpentry does
not provide any warranties relating to the quality, accuracy or completeness of
any data, information, product or service. Woodpentry 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, Woodpentry
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. The user understands
and agrees that any material or data downloaded or otherwise obtained through
the website is done entirely at their own discretion and risk and they will be
solely responsible for any damage to their computer systems or loss of data
that results from the download of such material or data. Woodpentry is not
responsible for any typographical error leading to any invalidity of any kind.
Woodpentry accepts no liability for any errors or omissions, with respect to
any information provided to you by itself or on behalf of third parties.
11.4.
Woodpentry 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.
11.5.
Notwithstanding anything to contrary, Woodpentry 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.
11.6.
In no event shall Woodpentry, its officers, directors, employees, partners or
suppliers be liable to you for any (1) special, incidental, indirect,
consequential or punitive damages whatsoever, including those resulting from
loss of use, data or profits, whether or not foreseeable and whether or not Woodpentry
has been advised of the possibility of the same, (2) based on any theory of
liability, including breach of contract or warranty, negligence or other
tortious action, or (3) any other claim arising out of or in connection with
your use of or access to the website, services or materials.
11.7. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
12.
VIOLATION OF THE TERMS OF USE
12.1.
Woodpentry may, in its sole discretion and without prior notice, terminate Your
access to the Website if Woodpentry determines that You have violated the Terms
or Additional Terms or any other duty owed to Woodpentry. Any violation by You
of the Terms will constitute an unlawful and unfair business practice, and will
cause irreparable harm to Woodpentry, for which monetary damages is likely to
be inadequate, and You consent to Woodpentry obtaining any injunctive or
equitable relief that Woodpentry deems necessary or appropriate. These remedies
are in addition to any other remedies Woodpentry may have at law or in equity.
12.2. You agree to indemnify, defend and hold harmless Woodpentry, 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 and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Woodpentry 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 Woodpentry 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. Woodpentry 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 Woodpentry.
13.
TERMINATION
13.1.
The Terms will continue to apply until terminated by either You or Woodpentry
as set forth below. If You want to terminate Your agreement with Woodpentry,
You may do so by (i) not accessing the Website; or (ii) closing Your accounts
(if any).
13.2.
Woodpentry may at its discretion and at any time with or without notice
terminate or suspend the Terms without cause or with cause if:
13.2.1.
You breach any of the provisions of the Terms, the Privacy Policy or any other terms,
conditions, or policies that may be applicable to You;
13.2.2.
Woodpentry 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);
13.2.3.
The provision of the Services to You by Woodpentry, is, in Woodpentry opinion,
no longer commercially viable;
13.2.4.
Woodpentry 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)
13.2.5.
For technical or any other reason, 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, log-in 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. Woodpentry may also delete any content or other
materials relating to Your use of the Website.
13.3.
Woodpentry shall not be liable to You or any third party for any such
termination.
13.4. Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.
14.
GOVERNING LAW
14.1.
The Terms and all transactions entered and the relationship between You and
Woodpentry and any mutual claims shall be governed in accordance with the laws
of India without reference to any conflict of laws principles.
14.2. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Chennai, India and You hereby accede to and accept the jurisdiction of such courts.
15.
REPORT ABUSE
In the event, You come across any abuse or violation of the Terms or if You become aware of any objectionable content on the Website, please report to customerservice@woodpentry.com.
16.
PRIVACY POLICY
You confirm that you have read and fully understand the Privacy Policy of Woodpentry in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.
17.
NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from Woodpentry by SMS or / and E-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Woodpentry at anytime by following the procedure set forth in the Website.
18.
GENERAL PROVISIONS
18.1. Notice: All
notices from Woodpentry will be served by email to the account designated by
you or by general notification on the Website. Any notice to be provided to
Woodpentry pursuant to the Terms should be sent to customerservice@woodpentry.com.
18.2. Assignment: You
cannot assign or otherwise transfer the Terms, or any rights hereunder to any
third party. Woodpentry rights under the Terms of Use are freely transferable
by Woodpentry to any third parties without the requirement of seeking Your
consent.
18.3. 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 the Terms. 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.
18.4. Waiver: Any
failure by Woodpentry to enforce or exercise any provision of the Terms, or any
related right, shall not constitute a waiver of that provision or right.
18.5. Feedback
and Information: Any feedback You provide to this Website shall be deemed
to be non-confidential. Woodpentry shall be free to use such information on an
unrestricted basis. Further, by submitting the feedback, You represent and
warrant that (i) Your feedback does not contain confidential or proprietary
information of You or of third parties; (ii) Woodpentry 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 Woodpentry for the feedback under any circumstances.
18.6. Exactness Not Guaranteed: woodpentry.com try their best to deliver products exactly the way they appear on the site. However, the nature and tendency of natural wood based products is that each piece of furniture is unique in its own way. woodpentry.com 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. In the case of any significant material damage to the Product, the customer must send photographic evidence of the damaged product via email to customerservice@woodpentry.com within 48 hours of receiving the Product. A representative from woodpentry.com will review the evidence, and if it is found valid, woodpentry.com will send an email communication to you requesting for a replacement. If the replacement Product is also damaged, and woodpentry.com finds the evidence from you valid, then your order will be cancelled and you will be fully refunded via your initial method of payment. In all these cases, arrangements will be made to collect the damaged Product. You agree in this instance, that woodpentry.com will make the final judgment on whether a Product has been significantly damaged.
19.
PAYMENT GATEWAY RELATED:
We as a
merchant shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for
any Transaction, on Account of the Cardholder having exceeded the preset limit
mutually agreed by us with our acquiring bank from time to time.