Terms and Conditions of Use

  1. INTRODUCTION AND ACCEPTANCE OF TERMS

    • These Terms and Conditions of Use (“Terms”) govern access to and use of the website [www.within.net.in] (“Website”), owned and operated by WITHIN, a furniture design and manufacturing firm which also deals in luxury home products having its principal place of business at Khasra No. 385, Plot No. 3, 100 Ft Road, Ghitorni, Delhi - 110030 (“WITHIN”, “we”, “us” or “our”).

    • By accepting these Terms and using this Website, you (“User”, “you” or “your”) acknowledge that you have read, understood and agree to be bound by these Terms and all applicable laws in India.

    • If you do not agree with these Terms, you must immediately discontinue use of the Website. These Terms constitute an electronic record within the meaning of the Information Technology Act, 2000 and the rules made thereunder and do not require physical or digital signatures.

  2. ELIGIBILITY AND ACCEPTANCE

    • By using the Website, you represent and warrant that you are at least eighteen (18) years of age and are legally competent to contract under Indian law and that your use of the Website does not violate any applicable law. Where you access the Website on behalf of a company, firm or other legal entity, you confirm that you are duly authorized to bind such entity to these Terms. All references to “User”, “you” or “your” shall be deemed to include such entity.

    • The Website is controlled from India. If you access it from outside India, you do so at your own initiative and are responsible for compliance with mandatorily applicable local laws. Mere accessibility does not create solicitation, presence or taxable nexus in any foreign jurisdiction.

    • Where you voluntarily submit Data (including Personal Data) through the Website, such submissions shall be governed by the Privacy Policy (which forms an integral part of these Terms). Capitalised terms not defined herein shall have the meanings assigned to them in the Privacy Policy.

  3. PURPOSE AND NATURE OF THE WEBSITE

    • The Website is a catalogue-only informational platform operated from India and intended solely to display information and materials relating to WITHIN and its products (collectively, ‘Content’), including without limitation images, designs, specifications, catalogues, text, graphics, logos and trade dress.

    • Any purchase, engagement or commercial relationship with WITHIN shall be finalized exclusively offline, through separate written instruments (including quotations, work orders, invoices and/or agreements).

  4. PRODUCT INFORMATION

    • All Content displayed on the Website is indicative, illustrative and non-binding. WITHIN reserves the right to modify, update, substitute, refine or discontinue any Content displayed on the Website at any time, without prior notice or liability.

  5. DISCLAIMER OF WARRANTIES AND ERRORS

    • The Website and all Content is provided on an “as is” and “as available” basis. To the extent permitted under applicable Indian law, WITHIN expressly disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or reliability of any information displayed on the Website.

    • WITHIN does not warrant that the Website will operate uninterrupted or error-free, that any inaccuracies or omissions will be corrected or that the Website or its servers are free from viruses, malware or other harmful components.

  6. INTELLECTUAL PROPERTY RIGHTS

    • All Content is the exclusive intellectual property of WITHIN and/or its licensors. Such Content is protected under the Copyright Act, 1957, the Designs Act, 2000, the Trade Marks Act, 1999 and other applicable intellectual property and proprietary rights laws.

    • The name ‘WITHIN’ and associated logos, marks, product/collection names and trade dress are trademarks of WITHIN. No licence is granted to use any trademark except with prior written permission.

    • Users must not, without prior written consent, copy, reproduce, distribute, display, modify, create derivative works from, or otherwise exploit any Content by any means (including by scraping, screen-capture, data-mining, bots, crawlers or similar technologies).

    • No portion of the Content may be used for the purpose of manufacturing, replicating, reverse-engineering or creating furniture products or designs that are identical or deceptively similar to those displayed on the Website.

    • WITHIN expressly reserves all rights not expressly granted under these Terms and retains the right to take appropriate legal action including injunctive relief and any other civil or criminal remedies available under law.

  7. USER CONTENT AND LIMITED LICENCE

    • Where the Website permits the submission of enquiries, messages or other information, you grant WITHIN a limited, non-exclusive, royalty-free and revocable licence to use such content for the purpose of responding to enquiries and for legitimate business operations. You represent and warrant that such submissions are accurate and do not infringe any third-party rights. Such submissions shall be processed in accordance with the Privacy Policy.

    • WITHIN reserves the right, but not the obligation, to remove, disregard or decline to act upon any user-submitted content at its discretion.

  8. USER CONDUCT AND RESTRICTIONS

    • You agree to access and use the Website strictly for lawful purposes and in a manner consistent with these Terms. You must not interfere with its security, integrity or performance.

    • You shall not:

      • engage in any act prohibited under Clause 6;

      • use the Website or any Content to reverse-engineer, replicate, imitate, manufacture, market or promote products competing with WITHIN.

      • attempt to gain unauthorised access to any portion of the Website, any accounts, systems, servers, databases or networks connected to the Website, nor attempt to circumvent or defeat any security, access-control, or technological protection measures implemented by WITHIN. Any probing, scanning, vulnerability testing or security-breach attempt is prohibited.

    • WITHIN may restrict, suspend or block access to the Website from any jurisdiction/IP/device/user category where access may expose WITHIN to legal, regulatory, tax, compliance or commercial risk or where access would be unlawful.

  9. THIRD-PARTY LINKS

    • The Website may contain links to third-party websites. WITHIN does not control and is not responsible for their content, security or data practices.

  10. INDEMNITY

    • You agree to indemnify, defend and hold harmless WITHIN, its proprietors, directors, employees, representatives and affiliates from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to your use of the Website, breach of these Terms, submission of unlawful or infringing content or infringement of any intellectual property or other legal rights including any breach of applicable data protection laws.

  11. LIMITATION OF LIABILITY

    • To the maximum extent permitted under applicable Indian law, WITHIN shall not be liable for any indirect, incidental, special or consequential damages, including loss of profits, loss of data or business interruption. This limitation shall include any claims arising from collection, processing, use or disclosure of Data to the extent permitted under applicable law.

  12. PRIVACY AND DATA PROTECTION

    • Your access to and use of the Website is subject to WITHIN’s Privacy Policy, which forms an integral part of these Terms. In the event of any inconsistency between these Terms and the Privacy Policy in relation to processing of Data, the Privacy Policy shall prevail. Withdrawal of consent under the Privacy Policy shall not by itself affect the applicability of these Terms.

  13. RIGHT TO MODIFY TERMS

    • WITHIN reserves the right to amend, modify or update these Terms at any time by publishing the revised Terms on the Website. Continued access to or use of the Website after such publication shall constitute acceptance of the revised Terms and the updated Privacy Policy.

  14. MISCELLANEOUS

    • WITHIN shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including acts of God, pandemics, governmental actions, labour disputes, system failures or network outages.

    • If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid, binding and enforceable to the fullest extent permitted by law.

    • Any failure or delay by WITHIN in enforcing any provision of these Terms shall not be deemed a waiver of such provision or of any other right.

    • Provisions relating to intellectual property, user submissions, disclaimers, indemnity, limitation of liability, privacy, governing law and jurisdiction shall survive termination or cessation of use of the Website.

  15. GOVERNING LAW AND JURISDICTION

    • These Terms shall be governed by and construed in accordance with the laws of India. The courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms, the Privacy Policy or use of the Website.

  16. CONTACT

    • You may contact us for any information or privacy queries using the details provided in the “Contact Us” section of the website.