Terms & Conditions

[TheWowBox India Private Limited], a company incorporated under the Companies Act 2013 with its registered office at 62, 2nd Floor, Ashoka Centre, LT Marg, Mumbai - 400001, (hereinafter referred to as “the Company”) is the creator, owner and publisher of the [TheWoWBox], including but not limited to the website titled [https://thewowbox.com] (hereinafter referred to as “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, updated (temporarily or permanently) from time to time at the discretion of the Company.

These terms of use (“Terms”), including the various policies incorporated by reference in these Terms, govern your access to and use of this website and the underlying services provided by us through the website, including our SMS, APIs, email notifications, ads, commerce services, and our other covered services that may link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as “Content”). Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and the Company. When You use any of the Services provided by Us through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. If you transact on our website, you shall be subject to the policies that are applicable for such transaction.

Please read the Terms and Conditions set out herein carefully and in their entirety. Please also acknowledge the Privacy Policy which may be separately set out on the Online Platform. The Privacy Policy shall constitute a part of these Terms and Conditions. Terms and Conditions together with the Privacy Policy is hereinafter collectively referred to as the Terms.

If you do not agree to be bound by all the Terms set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms constitute an agreement between the Company and you in connection with your use of the Online Platform and/or use of the services provided via the Online Platform, as defined below. If you have any questions regarding our services, you can email us at [support@thewowbox.com]

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is 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 for access or usage of this Website (“Platform”).

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.

In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.

IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:

1. “Buyer”, shall mean a User who has agreed to become a buyer by using the Services to place an order for Samples or Products;
2. “Products” shall mean products listed on the website [by Brand Owners] as a part of the Services, for purchase by Buyers;
3. “Samples” shall mean products listed on the website [by Sellers] as a part of the Products, to represent then actual product;
4. “Brand Owners” shall mean a user who has executed a [Terms of Trade] with us for the listing of products produced by them on the website, to be offered for sale or made available for purchase or for delivery and who has agreed to register on the website as a seller for this purpose;
5. “We”, “we”, “Us”, “us” or “[TheWowBox India Private Limited]”, shall mean [TheWowBox India Private Limited], its affiliates, permitted assigns and partners, and the terms “Our” and “our” shall be construed accordingly;
6. “You”, “you”, “User” or “user”, shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the website, or using the website or the Services offered through the website, by providing some personal information (more particularly described in the Privacy Policy and including but not limited to your name, address, mobile phone number and email while registering on the website (“Registration Data”), and the terms “Your” and “your” shall be construed accordingly.

APPLICABILITY OF TERMS:

1. By accessing and/or using all or a portion of the Services, You acknowledge and agree that:
   1. You have read and understood the Terms;
   2. The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
   3. Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;
   4. Written approval is not a prerequisite to the validity or enforceability of the Terms.
2. The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:
   1. The Indian Contract Act, 1872;
   2. The (Indian) Information Technology Act, 2000;
   3. Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009;
   4. Information Technology (Procedure and Safeguards for Monitoring and Collecting Traffic Data or Information) Rules 2009;
   5. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”);
   6. The orders, rules, regulations, guidelines, notifications and clarifications issued by any legislative, regulatory or governmental authority at central, state or local level.

MODIFICATION OF TERMS

The Services and the Terms may be amended or deleted from time to time, at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time with or without notice. Such changes shall be notified on the Platform. [You are advised to read the Terms regularly. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. Your continued use of the Online Platform following any such modification constitutes your agreement to follow and be bound by the Terms so modified.]

If you do not agree to any changes in the Terms as they may occur, your continued right to access and use the Platform and/or the Services shall immediately terminate, and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein.

These Terms allows the Company to access Registered Users’ contact information, including but not limited to email address and phone number for communication purposes so as to provide you with the Services and/or to obtain feedback, comments, suggestions, opinions, reviews in relation to your use of the Platform, the Services.

CONDITIONS OF USE

You must be 18 years of age or older to access or avail the Services in any manner. By signing in to the Online Platform, accessing and/or using all or any part of the Services, you represent and warrant to the Company that you are 18 years of age or older, and that you have the legal right, authority and capacity to use all or part of the Services available through the Platform, and agree to and abide by the Terms.

You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf or for your own personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow a third party or entity to use the Platform and its Services on your behalf.

Whilst the Services are not intended to be used by minors, the Company respects and recognizes the privacy of minors who may inadvertently use our Platform. It is strongly recommended that parents and guardians use parental control tools to help protect minors from any offences, harm or breach of privacy and supervise the use of the Platform by minors.

The Company offers you a non-transferable, non-exclusive, limited right to access the Platform, use the Services provided on this Platform, provided that you comply with the Terms as set out in full. You acknowledge and agree that any authority or permission granted to you by the Company to use and access the Services and the Platform, including but not limited to access links, SMS notifications, OTPs, email address, QR codes, shall be used and accessed by you only. You acknowledge that the Company shall not be liable for any loss, cost, expense or damage incurred by you as a result of you accessing the platform and utilizing its services via access links, SMS notifications, OTPs, email address, QR codes etc. which have not been delivered to you personally by the Company.

The Services are provided to you only for your personal, non-commercial use. You shall not resell the products ordered from the Platform.

You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Platform and the Services. You will make every reasonable effort to protect your device and account from a security breach, including but not limited to hacking, phishing etc. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services.

For the purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of the Company, underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, user interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of user-visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing.

PRIVACY POLICY

Any information that you or other Users provide to [TheWowBox India Private Limited] is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services, you have read and fully understand the Privacy Policy of [TheWowBox India Private Limited] and you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to third parties for storage, processing and use by [TheWowBox India Private Limited.

As part of providing, you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages via e-mail and short messaging service (SMS) or any other mode of communication, electronic or otherwise. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

LIMITED USE

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Platform. Limited reproduction and copying of the Content are permitted provided that [TheWowBox India Private Limited] name is stated as the source and prior written permission of [TheWowBox India Private Limited] is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.

Throughout these Terms, [TheWowBox India Private Limited] prior written consent means a communication issued by [TheWowBox India Private Limited] legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.

DELIVERY

The Product will be delivered to the address provided by you at the time of placing the order. The approximate delivery date and time for delivery of a particular Product shall be displayed on the Platform at the time of checkout or notified via SMS post completion of payment. Delivery dates and timings are subject to factors such as location serviceability, availability of Products, logistical factors such as traffic, shipment and weather conditions, political disruptions, etc. and other unforeseen circumstances.

All Products are delivered by the Company via one or more third-party delivery services. If the Product is not delivered within the estimated delivery time frame quoted at the time of checkout, please contact us by email at [Email]. The Company will, on a best effort basis, attempt timely delivery of your Product. In case of delay in delivery of Product, you shall be notified about the same via phone call, SMS, email or other electronic communication channels such as WhatsApp.

The Company via its third-party delivery agent, shall attempt delivery of the ordered Product on a maximum of three (3) occasions only. Any delay in delivery not attributable to you shall entitle you to cancel the Product and receive a full refund if applicable to your original source of payment.

REFUNDS AND RETURNS

Any applicable refunds shall be permissible in the following circumstances only:

1. In the event of non-delivery of products resulting from an act or omission on the part of the Company and/or its designated delivery agent;
2. In the event of unreasonable delays to the delivery time frame without prior intimation to you;
3. In the event that your address falls under a ‘non-delivery zone’ as categorized by the Company and we have received payment from you;
4. In the event of delivery of tampered and damaged packaging, incorrect or expired contents of Product, provided proof of such damage, expiry, tampering or incorrectness is provided by You. The Company may, in its sole discretion and based upon a range of factors, including but not limited to product availability, initiate a return and replacement process with respect to some or all of such Product received by you. However, the Company does not warrant replacement of goods.

A refund or return request shall have to be submitted by you in order to initiate such process. Such request shall be made by you within a period of 3 (three) days from the date of delivery of your Product, except in cases of non-delivery or delay in delivery. In cases of non-delivery or delay in delivery, the maximum time period permitted for submitting a refund/return request, shall be 30 days from the date of payment.

No refunds or returns shall be processed in the following circumstances:

1. In the event of any variation in packaging, color, design, use, appearance, quantity, size from the products displayed on the Platform.
2. In the event of expiry, non-availability or non-applicability of offers, vouchers, discount coupons, competitions, loyalty points, etc.

In the event of returns request made by you, upon acceptance of the return products and approval of the return request by the Company, refunds shall be processed within a period of 30 (thirty) days. The amount refunded to you will be net of the third party payment gateway charges charged on your Product.

In the event of a refund request made by you, the refund request shall be processed by the Company in 30 (thirty) days upon confirmation of such non-delivery.

You authorize the Company to contact you for further processing of any such request via the contact information provided by you during registration.

If the quality of any Products purchased or obtained by you through the Platform did not meet the Product specifications displayed on the Platform, no compensation will be given other than the return and refund or exchange of the Product as per these Terms. The Buyer cannot request compensation from [TheWowBox India Private Limited]for any reason, including but not limited to: any variation in the finish or appearance of the final Product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a Product, including any reactions to skin or other body parts, missed opportunities to avail certain discounts; any issue with our delivery partners or their personnel, any voucher which got deactivated due to the end of expiry date; unavailability of items which the Buyer tried to purchase, etc.

Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. [TheWowBox India Private Limited] holds the rights to cancel orders and block accounts of such customers without any prior notice.

PAYMENT

While availing any of the payment method/s available through the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

1. Lack of authorization for any transaction(s), or
2. Exceeding the preset limit mutually agreed by You and between ”Bank(s)”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason(s).

All payments made against the purchases on Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. App will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

DISCLAIMERS

You shall store and use all products in accordance with usual and reasonable standards of storage and use of such products and in accordance with the instructions on their packaging or instructions received from the Company and/or brand that manufactures and sells that product, if any.

You acknowledge and agree that Product is ordered by you at your own risk. The Company has no knowledge of your medical or health conditions that would make the Products unsuitable for your use and consumption. You shall assume all responsibility for such use. The Company shall in no manner be liable for any allergies, medical conditions, risk to life or limb as a result of your use and consumption of Products

You acknowledge and agree that the contents of Products are not manufactured by [TheWowBox India Private Limited] in its own name, and [TheWowBox India Private Limited] does not have any rights or title to such contents, except for the right to market and deliver the same to you.

You further acknowledge that the products are third party products, and in case of any dispute with respect to these contents, including but not limited to their quality, quantity, appearance, size, taste, usage, shall be directed by you to the Brand Owners.

While the Company endeavors to include only quality products, the Company gives no warranty of fitness for the purpose of any of the products. This disclaimer of warranty shall particularly apply to taste, color, appearance, size, quantity or suitability for a particular purpose of such contents.

You understand and acknowledge that the Products as displayed on the Platform, including any graphical representations of its packaging, color, design, use, appearance, quantity, size, and illustrations are indicative only and may differ from the actual items received.

The Services are provided on an "as is," "as available" basis. The Company makes no representations or warranties of any kind with respect to the Services provided by the Company. The Company assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services.

The Company expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, that the Services will function without interruption or errors in functioning, that there will not be disturbances related to internet service providers, cellular service providers, and cellular network operators or saturation of the internet network and for any other reason, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or work with any third-party software, applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Company disclaims all liability for damages caused by any such interruption or errors in functioning.

The Company disclaims all liability and responsibility with respect to your use of the Platform and the Services, including but not limited to your use of third-party payment gateways, exposure of content to minors, security of devices used to access the Platform.

The Company takes all reasonable efforts to ensure that your use of the Platform is safe and is in line with safety and security practices for digital platforms. However, the Company in no way assumes responsibility for data safety and security practices and standards of any third-party service provider embedded in the Platform.

[TheWowBox India Private Limited] disclaims all representations and warranties including but not limited with respect to accuracy, completeness, correctness, reliability, truthfulness, relevance of description of the products, other content or information, feedback, opinions, reviews, suggestions, recommendations that may be displayed on the Platform.

REVIEWS, FEEDBACK AND DATA RETENTION

You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions or reviews on the Platform relating to the Product purchased by you. It is up to your discretion for to submit the same.

You are solely responsible for the information and content that you choose to submit to the Company on the Platform, including but not limited to the feedback, ratings, suggestions, comments, opinions or reviews relating to Products purchased by you. You agree not to post or publish any content on the Online Platform that amounts to:

1. An infringement of any Company or third-party intellectual property or privacy rights.
2. A violation of applicable laws or regulations, including but not limited to the relevant rules under Information technology Act, 2000.
3. Defamation.

The Company may choose, in its sole discretion, to use, analyze, and/or publish your reviews, ratings, opinion, comments and feedback in accordance with these Terms. You agree to be contacted by the Company via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Products purchased, dispute resolution, complaint resolution, any further information. The information or content provided by you may be used by the Company for business purposes, including but not limited to market research, consumer behaviors and profiling, data analytics, tracking market trends on an anonymized basis.

The Company is deemed to be a mere “intermediary” as defined under the applicable laws with respect to publishing of any information and content on the Platform and disclaims all responsibility and liability with respect to publishing of your information and content. The Company is not liable to pay any consideration to you for republishing or repeatedly publishing any information or content provided by you on Platform.

The Company may retain such information and content provide by you on the Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Sensitive Personal Information Rules.

INTELLECTUAL PROPERTY RIGHTS

The Services and all processes, content including but not limited to any feedback, ratings, suggestions, comments or reviews relating to the products or use of Services provided by the Company, software, market data, research and analyses, consumer insights, and methodologies, anonymized consumer profiling data, know-how, [Name of Company] packaging, appearance, style, designs, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company, or by or with the input of another party (the "Company Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company.

The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble the products or services or hack the software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright or trademark notices or other notices included in the Company Intellectual Property;

Your use of the Platform and the Services does not include an authority to resell or commercially use the Platform, the Services and [TheWowBox India Private Limited] or its contents, product listings, description, packaging (including but not limited to size, design, color, pattern), prices, images, texts, page layout, illustrations for the benefit of another merchant, including but not limited to by way of data mining, robot applications or data gathering and extraction tools. No part of the Services and no part of Platform and its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any digital platform or any other computer, server, application, website or other medium for publication or distribution or for any commercial enterprise, without [TheWowBox India Private Limited] express prior written consent.

LIMITATION OF LIABILITY

Please read this section carefully as it limits the liability of [TheWowBox India Private Limited] and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “[TheWowBox India Private Limited]”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE [THEWOWBOX INDIA PRIVATE LIMITED] DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Without prejudice to the foregoing, the [TheWowBox India Private Limited] make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the [TheWowBox India Private Limited] or through the Services, will create any warranty or representation not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE [TheWowBox India Private Limited] SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE [TheWowBox India Private Limited] EXCEED THE AMOUNT YOU PAID SMYTTEN, IF ANY, IN THE PAST SIX MONTHS FOR THE PRODUCTS GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SMYTTEN ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Nothing on the App constitutes, or is meant to constitute, advice of any kind. All the Products sold through the App are governed by different state laws and if the Brand Owner or [TheWowBox India Private Limited] is unable to deliver such Products due to implications of different state laws, the Brand Owner will return or will give credit for the amount (if any) received in advance by Brand Owner from the sale of such Product that could not be delivered to you.

INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms, including but not limited to obligations stated therein relating to representation, warranty, intellectual property, access by minors, any applicable rule, regulation or law, your access or use of the Services and the Platform.

FORCE MAJEURE

The Company will not be responsible for a breach of the Terms, damages, losses, costs or expenses, caused by any failure or delay of performance of Services and disruption to the Platform if such failure or delay is caused by an act of war, floods, fires, inclement weather conditions, hostility, or sabotage, an act of God, pandemics, lockdowns, Labour stoppages, an electrical, internet, cellular network or telecommunication failure or power outage, government restrictions, political strikes or another event outside the reasonable control of the Company.

INVALIDITY

If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

SEVERABILITY

In the event any provision of the Terms become void or unenforceable, it shall not affect the validity of these Terms as a whole, and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.

GOVERNING LAW AND JURISDICTION

For the purposes of the Terms:

1. (a) the term "Dispute" will mean any dispute, difference or claim arising out of or relating to: (i) the Terms, its interpretation, or the breach, termination, applicability or validity of the Terms; or (ii) any other dispute arising out of or relating to the relationship between the Company and you;
2. (b) the term “the Company Group" will mean the Company , its parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, beneficiaries, assignees, successors in interest, and any third party which provides products or services purchased from or distributed by the Company ; and
3. (c) the term "User Group" will mean you and those in privity with you, your representatives, affiliates and family members.

These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of [City], India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the Terms, interpretation, duties, performance, breach, etc. of these Terms.

Should any Dispute arise out of or in connection with these Terms, the Parties hereto shall first endeavor to settle such Dispute amicably. If the Dispute is not resolved through amicable settlement within fifteen (15) days after commencement of discussions or such longer period as the Parties mutually agree in writing, then either Party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be in [City], India, and the language of the proceedings shall be English.

The Award rendered in any arbitration commenced hereunder shall be final and conclusive, and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the Parties agree that no Party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under these Terms.

GENERAL

The Company's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.

The Terms contain the entire agreement between the you and the Company and supersedes all prior agreements between the Parties regarding the subject matter contained herein, except as otherwise specifically noted herein.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform.

You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially, without notice to you.

PROFANITY POLICY

[TheWowBox India Private Limited] prohibits the use of language that is obscene, racist, hateful or otherwise disparaging in nature in any manner whatsoever.

This policy is applicable text within listings and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Brand Owners to 'blur' out the bulk of the offending word with asterisks.

If a feedback comment, or any communication made between Users through the Platform; or email communication between Users in relation to transactions conducted on the Platform contain profane language, please submit a request for action/removal.

Disciplinary action may result in either an indefinite suspension of a User's account, a temporary suspension, or a formal warning.

Violations of this policy may result in a range of actions, including, limits placed on account privileges, loss of special status and account suspension.