TERMS & CONDITIONS
Terms:
These general Terms and Conditions of Sale detailed below govern the
contractual relationship between the ‘User’ (hereafter also referred to as
‘You’ or the ‘Customer’) and ‘FOXBOX RETAIL PVT. LTD.’ (“Company”)’ (hereafter
also referred to as ‘We’ or the ‘Website’), belonging to the Company, bearing
Company number U74999MH2016PTC271936, GST No. 27AACCF7289F1ZC. Both parties
accept these Conditions unreservedly. These general Conditions of Sale are the
only conditions that are applicable and replace all other conditions, except in
the case of express, written, prior dispensation. We maintain that, by
confirming your order, you have read and do unconditionally accept our general
Conditions of Sale. Kotak Life Brandstore including its Affiliates, group
Companies, subsidiaries (“Rewards Platform Partner”) has without transfer of
any interest, right, title in their Intellectual Property Rights, given us the
rights to use their Intellectual Property Rights on the Products being sold
through this Website but in accordance with the terms agreed and basis their
branding guidelines. These Terms and Conditions of Sale are important to you
and the Company as they are used to protect your rights as a valued customer
and our rights as a business.
For the purpose of this Terms and Conditions, the term “Product” shall
mean and include all Goods, products listed and offered for sale on the
Website, bearing the logo, branding names, etc. (“Intellectual Property
rights”) of the Rewards Platform Partner and “Order” shall mean the order
places for the Product(s) by you through the Website.
PRODUCT INFORMATION
The Products being sold through this Website have not been manufactured
by the FOXBOX or Kotak Life and neither does it provide any warranty or guarantee or endorsement
towards the Products sold through this Website.
The conditions of Sale, along with description and warranties if any
being provided by the Company shall be mentioned against each Product on the
Website. The Company takes great care when putting product information,
descriptions and images on-line but will not be held responsible for any
mistakes or omissions to any information given. Your contract is with us (the
Company) and you confirm that the Product(s) ordered by you are purchased for
your internal / personal purpose and not for re-sale or commercial purpose. You
authorize us to declare and provide declaration to any governmental authority
on your behalf stating the aforesaid purpose of the Products ordered by you
through the Website.
ACCESS TO THE
WEBSITE
We work hard to ensure the Website is always up and available, but we
can't guarantee that the Website will not have downtime for any reason. We
reserve the right to close the Website for short periods of time for general
maintenance, but will attempt to keep this to a minimum. We will not be liable
if for any reason all or any part of the Website is unavailable at any time,
for any length of time.
Parts of the Website require you to input a password to access certain
features. This is to be able to give you details relevant to your Order whilst
still keeping them private to you. To do this, as part of our security
procedures, we require you to register an account with the Company by entering
your email and choosing a secure password. We highly recommend that you choose
a strong password that is hard for others to decipher and you log out from your
account at the end of every session. There is a password reset procedure in
case you forget your password. You are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer to
prevent unauthorized access to your account. You agree to accept responsibility
for all activities that occur under your account or password. You should take
all necessary steps to ensure that the password is kept confidential and secure
and should inform us immediately if you have any reason to believe that your
password has become known to anyone else, or if the password is being, or is
likely to be used in an unauthorized manner. In case if your password is
accessed and points redeemed the company will not be responsible for that loss.
It is a condition of your use of the Website that all the information you
provide on the Website is correct, current and complete. We reserve the right
to refuse access to the Website, disable any user account, terminate accounts,
remove or edit content at any time at our sole discretion and at any time for
any or no reason, without notice to you including if, in our opinion, you have
failed to comply with any provision of these Terms of Service. We do not
guarantee that the Website or any content provided on the Website is error
free. We manage your personal data according to our Privacy Policy.
OBLIGATION RELATED
TO POINTS
It should be noted that Incentive is not linked to your salary and Kotak Life is not liable to pay the same in case of any decision taken by management at
any point of time. Should the management decide to withdraw the incentives it
can do so at its free will without any obligation arising. This program is not
an obligation or a contract to be
Incentives given as reward points and credited to the user accounts can
be revoked at any point by Kotak Life if it needs to do so without any legal
obligations on for FOXBOX Retail.
In a rare scenario where it is found that points have been mistakenly
added to your account by a manual error, these points would be adjusted in
future months. If these points have been redeemed it will be adjusted against
the future points to be credited. The decision of FOXBOX Retail would be final
in such cases.
DISPUTES RELATING
TO POINTS
No dispute with regard to Points will be entertained by Kotak Life or the
Company.
E-VOUCHERS
An e-Voucher is an electronic Voucher which is sent to an email address
specified by you. Email address is mandatory for e voucher redemption.
When redeeming an e-Voucher, we will send the e-Voucher to an email
address specified by you, at the point of redemption
The use of the e-Voucher will be subject to the terms stated therein.
We are not responsible for any delay in transmission of, loss of, or
non-receipt of, e-Vouchers redeemed by you, due to any reason whatsoever. One
e- Voucher can only be redeemed once unless otherwise specified on the
e-Voucher.
REWARDS REDEMPTION
We give no representation or warranty with respect to the Rewards
redeemed. In particular, we do not represent or warrant the quality of the
Rewards or their suitability for any purpose. Any disputes concerning the
Rewards must be settled between yourself as cardholder and the participating
merchant or supplier directly. We may assist you in providing you with the
details of the supplier or participating merchant of the relevant Reward that
you have redeemed.
Images on the site are for representative purpose. Actual colour of the
product may vary from the one displayed on the site unless specified.
AVAILABILITY
We list availability information for Products sold by us on the Website,
including on each Product information page. Beyond what we say on that page or otherwise
on the Website, we cannot be more specific about availability. Please note that
dispatch estimates are approximate. They are not guaranteed dispatch times and
should not be relied upon as such. We will always endeavor to fulfill your
Order once completed and paid for. If a product should become unavailable after
your Order has been confirmed and paid for, we will adjust the points you paid
for the product within 30 days following the redemption. If your Order includes
Products that are temporarily unavailable, we will send the available Products
out first and will follow the same with the outstanding items once they are
available again. In case of non-availability, we will refund the shipping fees,
if any, collected from you for the rest of the Order. If relevant, we will
offer you a replacement for an unavailable Product, a product of equal price
and quality. If you accept the replacement and then wish to return it to us in
accordance with the conditions outlined under Right of Return, the return postage
will be covered by us. If you choose to decline the offer and the original
Product, for which the Order was initially placed by you is permanently
unavailable, we will refund the price of the unavailable Product, if so
collected from.
SECURE PAYMENT
The Company currently offers payment gateway to enable you to pay for
your Order. These payment options use advanced SSL encryption to keep your
transaction secure and do not cost you anything to use (The Company is charged
as the seller; you are not charged as the buyer) so you will not pay any extra
amount for your Order. You do not need to hold an account with these Merchants
to use these methods of payments.
DELIVERY
Your Order will be delivered to the address indicated by you when your
Order was placed. The Products bought through the Website will be delivered to
one address only as confirmed by the User.
The Company does everything in its power to respect the delivery times
indicated on the Website. We cannot, however, be held responsible for the
consequences of a late delivery or the loss of a package caused by a
third-party contracted to make delivery, or by you, or because of some
unforeseen event or an Act of God. In the event where you do not receive your
package, an investigation will be conducted with the carrier and may take
several days upon receipt of your claim. During this period of investigation,
no reimbursement or re-delivery will take place.
RIGHT OF RETURN
The Company allows you 7 days to return a Product so purchased from us
that you are not satisfied with the same. Your right of return starts from the
time your Order is delivered. You can return the Product to us within this time
frame, at your own expense, with your invoice and a completed and signed
‘Return coupon’.
We request that you send us the Product by registered post / courier at
the address mentioned below. Shipping fees remain your responsibility at all
times. The present right of return only applies to Products that are returned
in their original, complete condition. Any Product that has been used, damaged,
is not in its original packaging, or has packaging that has been worn beyond
simply opening the Product, will not be accepted and no refund shall be
processed for the same. The deadlines mentioned above are effective from the
date of receipt of the Product. Address for return of Products:
FoxBox Retail Pvt.Ltd. 301, Antariksh, Marol Makwana Road, Andheri East, Mumbai
- 400059.
If the Product is returned by you and accepted by the Company, the User
will be reimbursed via the same payment method as was used initially by the
User to make the payment for the Product. Returns are not acceptable for Food
Products. Returns are not acceptable for Food Products
PRIVACY AND
PROTECTION OF PERSONAL DATA
The details you give us are essential for the processing and delivery of
your Orders, for billing and for the establishment of warranty contracts,
therefore failure to provide these details will result in the cancellation of
your Order. By registering on the Website, you agree to provide us with sincere
and true information as it concerns you. Communicating false information is
contrary to the present general Terms and Conditions.
You have the permanent right to access and rectify all the information
that concerns you. You can at any time make a request to the Company to find
out what personal information we hold concerning you. You may at any time, and
by request, modify this information. If you object to your information being
transferred or used, please do not use the Website.
Cookies record certain information stored on your hard drive. This
information enables us to generate statistics based on data from visitors to
our site and suggest products that might interest you according to the items
that you selected when you previously visited the site. Cookies do not contain
any confidential information about you. You shall not hold us responsible for
the same.
OWNERSHIP OF
INTELLECTUAL PROPERTY RIGHTS
All the content on the Company Website (illustrations, texts, names,
brand names, images and videos) is the property of the Company. Any partial or
total reproduction of this content, by any means and on any support, is subject
to prior and express authorization by the Company. The Company cannot give you
the right to copy, display or distribute content that you do not have the
intellectual rights to. All fraudulent use of this content that violates the
rights held by a third party constitutes an offence of forgery, which is
severely punished under the Intellectual Property Code.
Company will not, under any circumstances, be held responsible if a User
violates rights held by a third party through his activities on the site.
Further the Products displayed on the Website bear the logo and branding
of the Rewards Platform Partner, which are the Intellectual Property Rights
(IPR) entirely belonging to the Rewards Platform Partner. You acknowledge that
the ownership of the IPR shall at all times vests with the Rewards Platform
Partner and mere purchase of the Products bearing the IPR of the Rewards Platform
Partner shall not tantamount to transfer of the rights, interest, title in the
Intellectual Property Rights of the Rewards Platform Partner. You also warrant
to not tamper the logo and branding of the Rewards Platform Partner or misuse
the same in any manner whatsoever. You also acknowledge that you have no right
whatsoever in relation to the IPR of the Rewards Platform Partner and shall not
attempt to register the same in your name.
Without prejudice to the foregoing and notwithstanding anything contained
herein this General Terms of Use, the purchase of the said Product does not
grant any right, title, interest or license to you over any intellectual
property of the Rewards Platform Partner and/or its affiliates, group companies
etc. (including but not limited to Marks) and the Franchisee shall not claim
any such right, title, interest over the intellectual property of the Company
or of its affiliates, group companies etc. The User understands and agrees that
any breach of this terms will cause irreparable loss and/or harm to the Rewards
Platform Partner and/or its affiliates, group companies etc., as the case may
be and that in such case the Rewards Platform Partner and/or its affiliates,
group companies shall be entitled for immediate, appropriate reliefs such as
injunction, damages, costs as a matter of right and further such reliefs are
without prejudice to other rights, remedies available to the Rewards Platform
Partner in this regard under law and equity.
TAXES
You shall be responsible for payment of all fees/costs/charges
associated with the purchase of Products from us and you agree to bear any and
all applicable taxes including but not limited to GST, duties and cesses etc.
COMMUNICATIONS
When you visit the Website, you are communicating with us
electronically. You will be required to provide a valid phone number while
placing an order with us. We may communicate with you by e-mail, SMS, phone
call or by posting notices on the Website or by any other mode of
communication. For contractual purposes, you consent to receive communications
including SMS, e-mails or phone calls from us with respect to your order.
USE OF THIRD PARTY
SERVICES
When you use the Website, you may also be using the Services of one or
more third parties, such as a wireless carrier or a mobile platform provider,
Payment gateways etc.. Your use of these third party services may be subject to
the separate policies, terms of use, and fees of these third parties.
LOSSES
The Company and the Rewards Platform Partner will not be responsible for
any business loss (including loss of profits, revenue, contracts, anticipated
savings, data, goodwill or wasted expenditure) or any other indirect or
consequential loss that is not reasonably foreseeable when a contract for the
sale of goods was formed.
NO LIABILITY
We are not liable for any Reward or the quality or performance of the
Reward supplied by the participating merchant, service provider or other authorized agent under the Program. You must direct any complaints or feedback
in respect of such Reward to the respective participating merchant, provider or
agent.
We are not responsible for lost or stolen Rewards Vouchers, e-Vouchers
or any Reward redeemed under the Program. No extensions for any reason would be
entertained.
DISCLOSURE OF INFORMATION
In addition to the Customer Terms, you consent to our providing your
account information to our vendor, merchant or supplier for the purposes of
fulfilling your Rewards redemption request.
EVENTS BEYOND OUR
REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with
our obligations under these conditions if the delay or failure arises from any
cause which is beyond our reasonable control.
INDEMNITY AND
RELEASE
You shall indemnify and hold harmless the Company, its subsidiaries,
affiliates and their respective officers, directors, agents and employees, from
any claim or demand, or actions including reasonable attorney's fees, made by
any third party or penalty imposed due to or arising out of your breach of
these Conditions of Use or any document incorporated by reference, or your
violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release the Company, and/or its affiliates and/or
any of its officers and representatives from any cost, damage, liability or
other consequence of any of the actions/inactions of the vendors and
specifically waiver any claims or demands that you may have in this behalf
under any statute, contract or otherwise.
NO REVERSE
ENGINEERING
You may not, and you will not encourage, assist or authorize any other
person to copy, modify, reverse engineer, decompile or disassemble, or
otherwise tamper with, the Website or the Products, whether in whole or in
part, or create any derivative works therefrom.
WAIVER
If you breach these conditions and we or the Rewards Platform Partner
take no action, we will still be entitled to use our rights and remedies in any
other situation where you breach these conditions.
YOUR CONDUCT
You must not use the website in any way that causes, or is likely to
cause, the website or access to it to be interrupted, damaged or impaired in
any way You understand that you, and not this portal, are responsible for all
electronic communications and content sent from your computer to us and you
must use the website for lawful purposes only. You must not use the website for
any of the following:
- for fraudulent purposes, or in connection with
a criminal offense or other unlawful activity
- to cause annoyance, inconvenience or needless
anxiety.