Welcome to biopackextra.com (hereinafter referred to as the “website” or “site” or “we” or “us”), a website owned and operated by BIOPACK EXTRA LTD (the “Company”). The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our website constitutes your agreement to all such Terms.

Our website is an online B2B marketplace which connects customers or buyers with suppliers (hereinafter referred to as “Users” or “You” or “Your”) by letting the supplier list their products on their respective profile.

By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content and constitute a binding legal agreement between you and us.

Please carefully read these Terms and our Privacy Policy, which may be found at www.biopackextra.com, and which is incorporated by reference into these Terms. If you do not agree to these terms, you may leave the site now. Failure to use the Site in accordance with these terms may subject you to removing you from the site without prior notice.

The use of this website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions. We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the terms periodically for updated changes to the terms and conditions. The most up-to-date version of the terms will always be available for your review under the "Terms of Use" link that appears at the footer of the website.

This website reserves the right to recover the cost of services, collection charges, and lawyer’s fees from persons using the site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

1. DEFINITIONS AND INTERPRETATION:

I. "Agreement" means the terms and conditions as detailed herein including all Exhibits, privacy policy and other policies mentioned on the website, and will include the references to this agreement as amended, negated, supplemented, varied, or replaced from time to time.

II. www.biopackextra.com means the online shopping platform owned and operated by BIOPACK EXTRA LTD via which the Suppliers list their products on the Platform and the customers/buyers can purchase the products offered for sale via our website.

III. "Customer" / "Buyer" means an individual who accepts the offer for sale of the Supplier and purchases/buys from our website by placing an order with us for any product offered for sale on our website.

IV. "Supplier" / "Seller" means an individual who has listed its products on our website in order to sell to the Customer.

V. "Products” means the various Products offered by Supplier for sale on our website along with the product’s price, related description, information, warranties, refund and cancellation procedures, delivery schedule, etc.

VI. The Supplier and Customer shall be collectively referred to as “User”.

VII. “Account” means the accounts created by the users on our website in order to use the Services provided by us and require information such as name, email address, password, contact number, etc.

VIII. “Content” means text, graphics, images, music, audio, video, information, or other materials.

IX. “User content” means all Content that a user posts, uploads, publishes, submits, or transmits to be made available through our website.

X. “SNS” means Social Networking Site such as Facebook, twitter, etc.

XI. The official language of these terms shall be English.

XII. The headings and sub-headings are merely for convenience purposes and shall not be used for interpretation.

2. ELIGIBILITY OF MEMBERSHIP:

I. The use of the site is exclusively for trading parties, whether it is a sole trader or a corporate entity.

II. Use of the Site is available only to persons who can form legally binding contracts under applicable law. If you are a minor i.e., under the age of 18 years you are prohibited from using our website and transactions therein as you cannot form a legally binding contract with us.

III. Our website reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

IV. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website, you agree to be bound by the Terms and Conditions.

3. REGISTRATION:

I. In order to avail our services, you shall be required to create an account with us as a Supplier or Customer.

II. In order to register for an account with us (an "Account") you need to provide certain personal information such as name, email address, and contact number.

III. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.

IV. You agree to provide and maintain accurate, current, and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.

V. When creating an Account, don’t:

• a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
• b) Use a username that is the name of another person with the intent to impersonate that person;
• c) Use a username that is subject to rights of another person without appropriate authorization; or
• d) Use a username that is offensive, vulgar, obscene, or otherwise in bad taste.

VI. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at info@biopackextra.com

VII. You may not transfer or sell your www.biopackextra.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

VIII. Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.

IX. An individual can own only one account in his/her name.

X. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.

4. SERVICES:

I. Our website is an online B2B marketplace, connecting customers or buyers with suppliers. We provide the supplier with leads of potential customers based on the products or services that are being listed on the supplier’s profile.

II. Our website lets the supplier upload pictures and descriptions of the products or services which it offers.

III. The supplier shall update the stock every single day and give prior information to the Company if the products are not in stock or are discontinued. The Supplier shall keep informed at all times the Company about the availability of the products along with detailed specifications as may be required of the product. Order once placed on the website by the customer shall have to be honored by the Seller at all costs.

IV. We let the customer post their requirements for products or services in order to connect them with the appropriate supplier.

V. We offer our integrated payment services through our payment gateway partner for the customer’s use to make payments to the supplier.

i. Any image used in the list/details of products provided by Seller to Company must be of the actual product proposed to be sold on the website and shall not copy images from the internet. The seller shall not disclaim any liability including liability with respect to authenticity, merchantability of products that they sell via the Website.

5. PROMOTIONS AND OFFERS

I. From time to time, we may conduct promotions through the Site ("Promotions"). All users can participate in the promotional offers for the product of their choice available on the website.

II. The website shall provide various discounted and promotional offers for users from time to time. The quantity of the product ordered is subject to certain limitations and availability.

III. Prices of the promotional and discounted products are validated at a later stage generally and the users shall be informed of the same.

6. PRODUCTS WHICH ARE PROHIBITED OR RESTRICTED FROM BEING LISTED ON COMPANY’S WEBSITE:

• The company is exclusively trading in Biodegradable packaging; therefore, no other product shall be listed neither for sale nor for any other purposes on www.biopackextra.com

• Any other product or service which is not in compliance with all the applicable laws and regulations whether federal, state, local, or international including the laws of the United Kingdom.

• The Company reserves the right to modify, update and alter this from time to time without any prior intimation.

• The Company also reserves the right to modify the listings if relevant details are missing and it may even remove the inappropriate listings from the website without any prior intimation.

7. WARRANTIES, REPRESENTATION AND UNDERTAKINGS OF SELLER:

The Seller warrants and represents that: -

• i. All obligations narrated under this Agreement are legal, valid, binding, and enforceable in law against Seller.
• ii. There are no proceedings pending against the Seller, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;
• iii. That it is an authorised business establishment and holds all the requisite permissions, authorities, approvals, and sanctions to conduct its business and to enter into a present agreement with the Company.
• iv. It shall, at all times ensure compliance with all the requirements applicable to its business and for the purposes of this agreement including but not limited to Intellectual Property Rights, Value added tax, Excise, and Import duties, etc. It further declares and confirms that it has paid and shall continue to discharge all its obligations towards statutory authorities.
• v. That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party.
• vi. Please note that trust is the most important aspect of trade between buyers and sellers in the marketplace and one of the key aspects of trust is fair pricing. For healthy transaction flow on Company’s website, Seller is required to price its items responsibly. The Company constantly monitors prices for each merchant at various channels and shall not allow the Seller to quote a higher price. A seller should price its items to be the same as the lowest rate they are selling at elsewhere or even lower, but it should not be more. Violation of pricing policy will result in warning notices and can also result in removal of their products listed on the website by Company.
• vii. Sellers on the Company’s website are prohibited to engage in direct communication with buyers for any pre-sale, order, post-sale or returns related matters. Sellers are also not allowed to engage in direct or indirect marketing communication with buyers. Violations of this may result in Product Listing cancellation.
• viii. The seller agrees that appropriate disclaimers and terms of use on the Company’s website shall be placed by the Company.

8. 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.

9. LOSSES

I. We 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 to both you and us when a contract for the sale of goods by us to you was formed.

10. COLOURS AND PRODUCT DESCRIPTION:

I. The Supplier agrees to take every effort to display as accurately as possible the colors of our products that appear on our website. However, as computer monitors vary, it cannot be guaranteed that your monitor's display of any colour will be completely accurate.

II. The Supplier agrees to take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the website are correct at the time when the relevant information was entered into the system.

III. Our website attempts to be as accurate as possible. However, our website does not warrant that product descriptions or other content of the site are accurate, complete, reliable, current, or error-free.

11. YOU AGREE AND CONFIRM:

I. That you will use the services provided by our website, its affiliates, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.

II. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and/or other affiliated websites without prior intimation whatsoever.

III. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

IV. It is possible those other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

12. YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:

I. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

II. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability, or otherwise breaches any relevant laws, regulations, or code of practice.

III. Interfering with any other person's use or enjoyment of the Site.

IV. Breaching any applicable laws.

V. Interfering or disrupting networks or websites connected to the Site.

VI. Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.

VII. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of 3 months or to modify or discontinue our site, and services.

13. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:

I. We may at any time modify the Terms of Use of the site without any prior notification from you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms of Use on our website. In the event the modified Terms of Use is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

14. REVIEWS, FEEDBACK, AND SUBMISSIONS:

I. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to us on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

II. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".

III. Our website does regularly review posted Comments and reserves the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

15. INTELLECTUAL PROPERTY:

I. The Seller expressly authorizes the Company to use its trademarks/copyrights/ designs /logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the website and at such other places as the Company may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all rights, title, and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark/logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and/or logos.

II. Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under our website or any third party's intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.

III. All the names and logos and all related products and service and our slogans mentioned on the website are the trademarks or service marks of BIOPACK EXTRA LTD. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner.

IV. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and is protected by UK laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by our website, one of its affiliates, or by third parties who have licensed their materials to us and are protected by UK laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by UK laws.

V. If you learn of any unlawful material or activity on our website or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• a. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• b. identification of the copyrighted work claimed to have been infringed;
• c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• d. Your contact information, including your address, telephone number, and email address;
• e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• f. a statement that the information in the notification is accurate and that You are authorized to act on behalf of the copyright owner.
• VI. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
• VII. Notices regarding our website should be sent to: info@biopackextra.com

16. INDEMNITY:

You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to a breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

17. TERMINATION:

I. We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.

II. Without limiting the foregoing, we may close, suspend, or limit your access to our website:

• • if we determine that you have breached, or are acting in breach of, this Agreement.
• • if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
• • if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
• • to manage any risk of loss to us, a User, or any other person; or
• • For other similar reasons.

III. If we find you breaching these terms of service, you may also become liable for the amount of which we have suffered losses/damages.

18. DISCLAIMERS AND LIMITATION OF LIABILITY:

I. The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.

II. The Site provides content from other Internet sites or resources and while our website tries to ensure that the material included on the Site is correct, reputable, and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

• • Your use of or your inability to use our Website, Services, and tools;
• • Delays or disruptions in our Website, Services, or tools;
• • Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
• • Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
• • The content, actions, or inactions of third parties, including items listed using our website, services, or tools or the destruction of allegedly fake items.
• • A suspension or other action taken with respect to your account; and

III. To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Site, its services, or this User Agreement. Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THE VALUE OF THE PRODUCT ORDERED BY YOU. Our website, its associates, and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Site or that the operation of the Site will be error-free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

IV. We believe that all the customers who order online are aware that colors seen on a monitor will be slightly different as compared to the actual products ordered. All color options offered on the net are an exercise to provide our customers with the maximum available choice. A slight variation in the shade selected by you is considered a normal practice as these products have a tendency to reflect different shades of a color under different light and medium. Patterns and motifs in the fabric might vary slightly depending on the availability and therefore, we will not consider any received or furnished order cancellation or exchange for this reason.

V. Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages may also occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

VI. The Company on the basis of representation by the Seller is marketing the products of the Seller on its website to enable Seller to offer its products for sale through the Company’s website. This representation is the essence of the Contract.

VII. It is expressly agreed by the Seller that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Seller or any other party whomsoever, arising on account of any transaction under this Agreement.

VIII. The Seller agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through Company’s website (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages. Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct, or misrepresentation by the Seller or any of its representatives.

IX. The Company under no circumstances shall be liable to the Seller for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the Seller has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Seller to have been deliberately caused by the Company.

19. GOVERNING LAWS AND JURISDICTION:

I. This User Agreement shall be construed in accordance with the applicable laws of the United Kingdom regardless of your physical location.

II. The Courts in London, UK have exclusive jurisdiction in any proceedings arising out of this agreement.

20. DISPUTE RESOLUTION:

I. Generally, transactions are conducted smoothly on our website. However, there may be some cases where we and you may face issues. A 'Dispute' can be defined as a disagreement between you and us in connection with a transaction on the Website.

II. In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

III. The venue for arbitration shall be decided by the Company at the time of arbitration and the seat of Arbitration shall be London, UK and the language used for arbitration shall be English.

IV. The award of the arbitration shall be binding on both, you, and us.

V. The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.

21. SITE SECURITY:

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet 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. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer or similar).

22. NOTICE

I. By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.

II. You acknowledge that all contracts, notices, information, and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

III. Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:

• • For letters, the letter was properly addressed, stamped, and placed in the post; and
• • For emails, the email was sent to the specified email address.

23. LEGAL COMPLIANCE

I. In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances, and regulations regarding your use of our services. Notwithstanding the successful conclusion of a transaction, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.

II. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in India and all other countries.

III. You should comply with country regulations.

24. LINKS TO OTHER WEBSITES:

Links to third party websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party websites and do not control and are not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this site, you do this entirely at your own risks.

NO WAIVER IMPLIED:

The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

25. RELATIONSHIP:

Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency, or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Seller and the Seller shall not represent the Company, neither does it have any power or authority to speak for, represent, bind, or assume any obligation on behalf of the Company.

26. SEVERABILITY:

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other Term.

27. ASSIGNMENT:

I. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld at our sole discretion.

II. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.

28. FORCE MAJEURE:

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

• (a) acts of God;
• (b) natural disasters;
• (c) sabotage;
• (d) accident;
• (e) riot;
• (f) shortage of supplies, equipment, and materials;
• (g) strikes and lockouts;
• (h) civil unrest;
• (i) Computer hacking; or
• (j) malicious damage.

29. DIGITAL SIGNATURE:

I. By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgment that you are able to electronically receive, download, and print this Agreement.

II. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.

III. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

IV. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.

30. ENTIRE AGREEMENT:

These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant, or condition not expressly found either in these Terms shall be deemed as void.

31. CONTACT US:

For any further clarification of our Terms of Use, please write to us at info@biopackextra.com .