Terms & ConditionsOctober 17, 2022 2022-10-18 21:36
Terms & Conditions
Terms & Conditions
You must be at least eighteen (18) years of age to use the Website. Use of this Website is restricted to persons competent to contract, as defined under the Indian Contract Act, 1872.Therefore, the Company reserves the right to deny access to minors, persons of unsound mind or undischarged insolvents, and such persons are advised to access the Website through their legal guardians.
The Company reserves the right to refuse access to use the Products offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.
01. Definition and Interpretations
- “Account” means the account successfully opened by the User on the Company's Website by inserting information such as name, age, sex, contact details, user name, password as required to be filled in the webpage during the registration process and includes any further changes and additions to the information from time to time.
- “Company “means Unbox Montessori LLP incorporated under the Limited Liability Partnership Act, 2008
- “Customer “means any User who access the Website and completes the registration in accordance with Clause III
- "Product/Products" means the products mentioned herein below and includes the products which the Company may introduce from time to time through the Website.
- "Price" means the price prescribed by the Company for the Product packages.
- "Order ID" means the unique identification identity allotted to a Customer upon placing an order
- "Registration Process" means the entire process which a Customer/User undergoes while registering himself/herself on the Website in accordance with clause III.
- "User" means any person who accesses the Website.
- The use of the Website entitles the User to avail the Products (subject to completion of registration process) in the following manner:
- to view the Products being offered on the Website and order the Products which suit the requirements.
- after placing an order, the User will receive an order ID and other details by e-mail on the registered e-mail ID or by SMS/Whatsapp on the User’s registered mobile number.
- once the Product is ready, the User will receive a receive a message on the registered e-mail ID or by SMS/Whatsapp on the User’s registered mobile number.
- The User will be required to follow strictly the instructions/guidelines that is provided by the Company on its Website before ordering a Product.
- The Company reserves the right to change the scope of Products as mentioned in the clause above at its sole discretion and by notifying the same on the Website.
- The User agrees to take all the responsibility for his/her actions in availing the Products through use of Website and the Company shall not be liable for any such action.
- The User hereby acknowledges that the Company shall not be liable or responsible for any deficiency in payment of Prices payable towards the Products booked by the User through use of the Website. In case of any deficiency in payment of Prices by the User, the Company shall not bound to provide the User the Products.
- To avail the Products, the User will be required to register on the Website by following the registration process as mentioned herein below:
- Create an Account by choosing a ‘Username’ and ‘Password’.
- Fill in the basic information such as name, age, sex, e-mail address, billing address, collection address, zip/postal code, and phone number. The User hereby represents and warrants that all information provided about User or anyone else shall be true and accurate. In case, any of the information provided by the User is found to be false or inaccurate, the Company may in its sole discretion, block/remove the Account.
- On completion of the registration process, the User will become entitled to avail the Products being offered by the Company, subject to payment of the Price.
- The Customers understand and agree that the Company may screen and verify the information provided by the Customer/User and at its sole discretion, increase the amount of information for the registration process and may ask for further information even after registration process. The Company may in its sole discretion, close the Account, if any information provided is found to be false or the information provided is not sufficient.
03. Restrictions on Use
- The User shall agree to not, and shall not authorize or encourage any third party to:
- Use the Website to upload, transmit or otherwise distribute any content that is unlawful, defamatory, obscene, offensive, harassing, fraudulent, contains malware or viruses, or is otherwise objectionable as may be determined by the Company;
- Upload, transmit or otherwise distribute content that infringes upon a third party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
- Prevent others from using the Website;
- Attempt to gain unauthorised access to the Website, solicit information from other users, or interfere with the functioning of the Website or any transactions conducted therein;
- Use the Website for any unlawful, fraudulent, inappropriate purpose.
- Engage in commercial activities and/or sales without prior written consent from the Company.
- Host, upload, display any information which 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.
- In addition to the above, the User hereby agree that the User shall not:
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of the Company;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action or use any device, routine or software that imposes, or may impose, in the discretion of the Company an unreasonable or disproportionately large load on the Company’s infrastructure or which inhibits or interferes with the running of the Company’s Website or any booking concluded upon it, or,
- deep-link to any portion of this Website for any purpose without express written permission of the Company.
- create or transmit unwanted electronic communications such as “spam” to other users of the Website and/or Service or otherwise interfere with other users’ use of the Website and/or Service;
- submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or the Website;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Steal any other person’s personal information like debit/credit card number, password, CVV, Card end date and use it to do the online transaction on this Website in which case the User shall be solely liable for all criminal and civil liabilities and shall hold Company harmless from any such transactions.
04. Intellectual Property and Ownership
- All rights, title and interest in and to the Website, all the content, code, data, and materials thereon, the look and feel, design, and organization of the Website, and the compilation of the content (including, for example, text, audio, photographs, illustrations, graphics, other visuals, video, copy, etc.), and other materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, moral rights and other intellectual property and proprietary rights therein is owned solely and exclusively by the Company. The User’s use of the Website does not grant to the User the ownership of any content, code, data, or materials. Any commercial use or exploitation of the Website is strictly prohibited. The material may only be used for the User’s personal use for non-commercial purposes. The User is strictly prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, code, data, marks, and/or other materials available on the Website in whole or in part.
- The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it. The Receiving Party agrees to take all possible precautions with regard to protecting Confidential Information from any third party.
- Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
- The User has access to only his own data and information stored in the database at Website (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time, if Company provides such an option.
- All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Company shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.
- The User hereby undertake and agree to defend, indemnify and hold the Company and keep the Company and it’s affiliates and each of their respective officers, directors, employees, agents or representatives harmless from and against all third party actions, proceedings, claims, liabilities (including statutory liabilities), penalties, demands and costs (including without limitation, legal costs on a solicitor/attorney and own client basis), awards, damages, losses and/or expenses however arising out of or resulting from:
- any claim or proceeding brought by a third party against the Company due to the infringement by the User of any intellectual property rights of that third party.
07. Limitation of Liability
- The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
- Without limiting the foregoing, the company and its affiliates and suppliers will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, service interruption, and/or loss of information or data.
08. Modification of Website and Term of Use
10. Term and Termination
- where the User’s Account remains unused for a period of six months or more; or
- if in the opinion of the Company, the User have breached any of the terms and conditions of the Use of Website or Products;
- Notwithstanding termination of the User’s Account, all clause(s) hereunder, which by its nature are expected to survive termination of the User’s Account shall continue to remain binding on the User even after termination of the User’s Account.
11. Consequences and Liabilities Upon Termination
12. Report Abuse
13. Governing Law
14. Dispute Resolution
- A party must not commence court proceedings (except proceedings seeking interlocutory relief) relating to a Dispute arising hereunder unless it has complied with this clause.
- A party claiming that a Dispute has arisen hereunder must give the other party written notice of the particulars of the Dispute.
- The parties shall first endeavour to settle such Disputes by mutual discussion. If the dispute is not resolved within 30 days of the notice of Dispute, the same shall be referred to arbitration in accordance with the Arbitration & Conciliation Act, 1996, as amended from time to time. The arbitration proceedings shall be conducted by a sole arbitrator to be mutually appointed by the Parties. The arbitral proceedings shall be conducted at Pune in English and shall be governed by and construed in accordance with the laws of India and such award shall be binding on the Parties.
- ASSIGNMENT: The Company may, at any time and at its sole discretion, assign any of its obligations to any other person without notice to the User. However, the User shall have no right to assign, sub-license or otherwise transfer any of his/her rights hereunder to any other party, unless prior written approval is taken from the Company.
- WAIVER: Any delay or omission on the part of any party to exercise any right, power, or remedy hereunder will not automatically operate as a waiver of such right, power, or remedy or any other right, power or remedy, and no waiver will be effective unless it is in writing and signed by the waiving party. Further, the waiver or the single or partial exercise of any right, power, or remedy by either party hereunder on one occasion will not be construed as a continuing waiver of any successive or other rights, power, or remedy on any other occasion.
- FORCE MAJEURE: The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, bandh, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.