Terms and Conditions

Welcome to www.boofootel.com (“Website”).

Effective Date: 1 February 2024

This Website, www.boofootel.com is owned and operated by Boofootel Private Limited (“Company”, “we,” “our,” “us,” or “Boofootel”), a company incorporated under the Indian Companies Act, 2013.

We provide the Customer (“Customer”, “you”) with the content, Products (“Products”) and Services (“Services”) available on this Website, subject to the following Terms and Conditions (“Terms and Conditions”), our Privacy Policy and other conditions and policies which you may find throughout our Website, in connection with certain functionality, features or promotions, as well as customer service, all of which are deemed a part of and included within these terms and conditions (together referred to as “Terms and Policies”).

Please read these Terms and Policies carefully before accessing or using our Website. By accessing, browsing, or using any part of www.boofootel.com, you acknowledge that you have read, understood and accepted, without limitation or qualification, to be bound by these Terms and Conditions. If you do not want to be bound by the Terms and Conditions do not use or access (or continue to use or access) the Website.

We reserve the right, at our sole discretion, to change or modify portions of the Terms and Conditions at any time by uploading a revised or amended Terms and Conditions on the Website with or without prior notice. The amended Terms and Conditions will be effective immediately after it is uploaded on this Website. You should periodically visit this page to review the current Terms and Conditions, so you are aware of any revision to which you are bound. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms and Conditions.

We reserve the right to block any user and permanently disable the user’s account if we believe in our sole discretion that action of such user has resulted in breach of fair usage Terms and Conditions.

1. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, disclose and otherwise process information about you.

Apart from these Terms and Conditions, the Privacy Policy of the Website shall also govern your use, browsing and access of our Website and form part of these Terms. Your continued use of the Website implies that you have read and accepted the Privacy Policy and agree to be bound by it.

2. Eligibility

You must be at least 18 years old in order to make a purchase on the Website. The Website is not intended or designed to attract or be otherwise used by children under the age of 18 years. By accessing or using the Website, you confirm that you are either 18 years of age or more and are acknowledging that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

3. Products & Services

The Website provides sale of certain Products. The Products shall also include samples and products offered free of cost. The Products and Services described on this Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products or Services, or samples thereof, you receive from us.

We reserve the right, with or without notice, to cancel or reduce the quantity of any Products or Services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. We may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4. Prices

All prices indicated for Products available via the Website are inclusive of applicable taxes and are expressed in Indian Rupees.
Prices may be modified at any time, without notice or liability. Applicable prices shall be the ones published on the Website at the date of placing of an order by customer.

5. Payment Options

Customers may pay for the Products by credit card, debit card, UPI, Net Banking or Wallets.

For customer’s security, customer’s billing name should match that of the credit card/debit card used for payment. We reserve the right to cancel any order that does not match these criteria.

If the issuer of customer’s payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

6. Shipping and Delivery

Please refer to our Orders & Shipping policy provided on the Website, as amended from time to time.

7. Your Account

You may register for only one user account (“Account”) on the Website. You may view and use many features of the Website without registering, but in order to access and use some parts of the Website, you may need to register an account with the Website. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer, and you hereby accept responsibility for all activities that occur under your Account.

You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. Each Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person.

If you are accessing, browsing and using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the Terms and Conditions herein. In the event that the person refuses to be bound as the principal to the Terms and Conditions, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.

We are not liable for any harm caused or related to the theft, misappropriation, loss of money, disclosure of your information or password due to your authorization of anyone else to use your account.

If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately at the contact details below. If we have found a breach or suspected breach of the security of your Account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company.

We reserve the right to refuse service and/or terminate accounts without prior notice if the Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in the Company’s best interests to do so. You are solely responsible for all content that you upload, post, email or otherwise transmit via the Website.

8. Prohibited Uses

You are prohibited from using the Website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any local, state, national or international laws or regulations;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to do or attempt to do any action which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) to interfere with or circumvent the security features of the Website, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
(k) to reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Website, any part thereof or access thereto;
(l) to engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication;
(m) to forge any header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. The Website is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with law enforcement authorities in prosecuting users who are involved in such violations.

We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

9. User Content

When you upload, post, e-mail, share, transmit, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, personal information such as your username/screen name, graphics, images, videos, messages or other materials ("User Content") on the Website in any manner (including through the “Contact Us” form), you are solely responsible for such User Content.

You hereby grant the Website a perpetual, worldwide, transferable and sub licensable, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing Products.

The Website may pull content from our users who share photos and videos on Social Media using our brand hashtags or tagging the @boofootel account (collectively, “Photos”). You acknowledge and agree that the Photos may be used on the Website, emails and retail locations, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

The Website does not control the nature of the User Content transmitted or posted on the Website by you or others and therefore, it does not guarantee the accuracy, integrity or quality of the User Content. You are solely responsible for your interactions with other users of the Website and any content you post. The Website is not liable for any damage or harm resulting from any posts by or interactions between the users. The Website reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content the Website deems objectionable.

Under no circumstances will the Website be liable in any way for any User Content, including without limitation, for any errors or omissions in such content or for any loss or damage of any kind incurred by you as a result of the use of any such user generated content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against the Website for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Content.

You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that
(a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) is known by you to be false, fraudulent, inaccurate or misleading;
(d) you were compensated for or granted any consideration by any third party;
(e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

10. Accuracy of Information

We attempt to be as accurate as possible when describing our Products on the Website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Website are accurate, complete, reliable, current, or error-free.

The Website may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to pricing and availability of the Products or Services.

Please note that the product pictures are indicative and may not match the actual product. Do keep in mind that the Products may be seen in different colour schemes if it is viewed on different Operating System Platforms and it may vary depending on the resolution and make of your output screen.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order)

11. Third Party Links

Our Website may contain links to third party third-party websites, apps, products and services. Your use and access of these third-party websites is at your own risk. We are not responsible for the content of any off-website pages or any other websites linked to or from our Website. Links appearing on our Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier.

We are in no way responsible for examining or evaluating, and we do not warrant the offerings of third-party websites or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their Privacy Policies and Terms and Conditions. You should carefully review the Privacy Policies and Terms and Conditions of the third-party websites you visit.

12. Consent to Receive Notices Electronically by Posting on the Site and Via Email

By accessing the Website or placing an order or sending any information, you are communicating with the Company electronically and you agree to receive communications (including transactional, promotional and/or commercial messages) from the Company periodically and as and when required. 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.

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at support@boofootel.com and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

13. Intellectual Property

All intellectual property, information and content available on the Website and its look and feel, including but not limited not limited to domain, trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations, computer programs and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Boofootel, our Affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property.

Except as set forth in the limited licenses herein, or as required under applicable law, neither the Content nor any portion of this Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

The Company has the proprietary rights and trade secrets in the Products. You shall not copy, reproduce, modify, duplicate, re-publish, re-sell or re-distribute any product manufactured and/or distributed by the Company in whole or in part or in any other form whatsoever.

14. Limited Licenses

By using this Website, you are granted limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Website.

The Company reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Website and to block and prevent your future access to the Website.

15. Copyright Notices

We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at support@boofootel.com and provide the following:

(a) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorised to act on the copyright owner’s behalf
(b) a description of the material that you claim is infringing
(c) the location of the material on the Website
(d) your address, telephone number and email address

16. Representations and Warranties and Limitation of Liability

The Website and the Products are presented “As Is” and “As Available”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any
(a) interruption of business;
(b) access delays or access interruptions to the Website;
(c) data non-delivery, wrong delivery, loss, theft, corruption, destruction or other modification;
(d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website;
(e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
(f) any inaccuracies or omissions in content;
(g) events beyond reasonable control.

No representations or warranties are made that defects or errors will be corrected. To the extent permitted by applicable law, there are no warranties provided for the details, descriptions, images of products being totally accurate, complete, reliable, current, or error-free.

Though enormous efforts and precautions are taken to render the Products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients, usage and caution instructions accompanying each of our Products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our Products that you may be allergic to. You agree that the Company will not be responsible or liable for any product related issues, including without limitation any allergic reactions or any other health related issue to you on account of usage of our Products. For any purchases made through the Website, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets/ details on the Website.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential damages of any kind (including lost profits) related to the Website or your use thereof and in no event shall the maximum aggregate liability exceed INR 2,000 only.

You agree that no claims or action arising out of, or related to, the use of the Website or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with or are dissatisfied with the Website, termination of your use of the Website is your sole remedy and the Website shall have no other obligation, liability, or responsibility to you.

17. Indemnification

You agree to defend, indemnify and hold harmless the Website, the Company, and any of its subsidiaries, affiliates, partners, officers, directors, shareholders, employees, representatives and agents (the “Indemnified Parties”) for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising from
(a) these Terms and Conditions or the breach of your warranties, representations and obligations under these Terms and Conditions;
(b) the Website content or your use of the Website content;
(c) the Products or your use of the Products (including trial products);
(d) any intellectual property or other proprietary right of any person or entity;
(e) your violation of any provision of the Terms and Conditions;
(f) any information or data you supplied to the Company;
(g) your use of the Website in violation of any law, rule, regulation or these Terms and Conditions;
(h) any part of your User Content.

You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

18. Disputes

If you have a complaint relating to our Terms and Conditions or our Products, we will attempt to resolve the complaint using our internal complaints-handling procedure. If the process is exhausted and the complaint is not settled in this way, then such dispute shall be governed by the laws of India and the courts of Mumbai, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Mumbai, India, subject to foreign legal mandatory provisions.

All disputes arising out of or in connection with these Terms and Conditions or your use of the Website, shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be appointed by the Company. The language of the arbitration shall be English, and the venue of the arbitration shall be at Mumbai, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.

To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

The Company may seek any injunctive, interim or preliminary relief from a Court of competent jurisdiction in Mumbai, India, necessary to protect its (or its agents, suppliers, and subcontractors) trademark, other intellectual property rights or confidential information, pending the completion of arbitration.

19. General

Entire Agreement: You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement concerning your use of the Website and the purchase of the various Products thereat, and supersede and govern all prior proposals, agreements, or other communications.

Force Majeure: The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these Terms and Conditions shall be suspended for the duration of Force Majeure event.

Termination: The Company reserves the right to terminate your access to the Website if we reasonably believe, in our sole discretion, that you have breached any of the Terms and Conditions. Following termination, you will not be permitted to use the Website and we may, in our sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent the unauthorized access of the Website. These Terms and Conditions will survive indefinitely, unless and until the we choose, in our sole discretion and without advance notice to you, to terminate it.

Cessation of Operation: We may at any time, in our sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Governing Law and Jurisdiction: The Terms and Conditions are governed by and must be interpreted in accordance with the laws of India. Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent courts in Mumbai, India. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of these Terms and Conditions.

Severability: If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Waiver of Class Action Rights: By accepting the Terms and Conditions, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with these Terms and Conditions must be asserted individually.

Domestic Use: The Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. The users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise. Failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall a waiver of your breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email support@boofootel.com.