Terms & Conditions

These terms and conditions of use of the website www.themark.com and instances thereof, including any and all related mobile applications (“Website”) between The Maark a partnership company and the users of the Website ("You" or "Your" or "Yourself" or "User") explain the terms on which the Company offers you to use the Website.

Please read the terms thoroughly before using, viewing, accessing or registering on the website or accessing any material, information or assistance through the website. Your use of the website or the services provided by the website shall signify your unconditional acceptance of the terms and your agreement to be legally bound by the same.

The Website is an Internet based portal owned and operated by The Maark. Use of the Website is offered to you subject to an agreement of all the terms, conditions and notices contained in the Terms, along with any amendments made by the Company at its sole discretion and posted on the Website, including by way of requiring any charge for access to or use of a Service defined below. By using this Website or any facility or service provided via this Website in any way; or simply browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms and the Privacy Policy available at the homepage.

The Company shall not be required to inform You of any changes made to the Terms. The revised Terms shall be made available on the Website. Your use of the Website is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.themaark.com to view the most current Terms. You can determine when the Terms were last modified by referring to the "Last Updated" legend above. It shall be Your responsibility to check the Terms periodically for changes. The Company may require You to provide Your consent to the updated Terms in a specified manner before any further use of the Website and the Services. If no such separate consent is sought, your continued use of the Website will constitute Your acceptance of such changes.


Eligibility to Use

Since our website is under development, Prices and Delivery Pin codes will be updated shortly, As of now Delivery of our Products will be provided within Tamilnadu Only.

In India, persons under 18 years of age are minors. You should be at least 18 (eighteen) years of age to use the Website and purchase any Products or avail any Services through the Website. If you do not conform to the above qualification, You are not permitted to purchase any Products or avail of the Services. You represent that you are of legal age to form a binding contract and are not a person barred from purchasing Products or receiving Services under the applicable laws.

The Company reserves the right to refuse access to the Website, and/or purchase of any the Products and/or use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.

The Company may make the Products and/or Services available to You only if You have provided The Maark certain required User information and/or created an account ("Account") through a The Maark ID and password or other log-in ID and password (collectively, the "Account Information"). The sale of Products and/or Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guide, rules, additional terms of service, or other disclaimer & notices if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that Products and/or Services.

You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify The Maark of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. In the absence of such notification from you, any purchase transaction made on the Website through Your Account and/or in Your name shall be binding on You. The Maark cannot and will not be accountable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by The Maark or any other user of or visitor to the Website due to the authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by you in the Web site's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete, The Maark has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Maark has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

The Maark strives to make available Products and Services at the best possible prices and terms. Information relating to pricing of products, terms of purchase of Products, and availing any Services, through the Website, are detailed under the Terms of Offer For Sale.

You agree to provide correct and accurate credit/debit card / net banking/ e-wallet details to the approved payment gateway for purchasing any Products and/or availing Services. You shall not use the credit/debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card / net banking/ e-wallet. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/debit card/ net banking/ e-wallet details. The Maark expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card/ net banking/ e-wallet.

You agree to use the Website and the materials provided therein only for purposes that are permitted by the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to adhere to all limitations on dissemination, use, and reproduction of any materials (such as the Product catalogs) that You will access the Website in accordance with the Terms.

You agree to adhere to all limitations on dissemination, use, and reproduction of any materials (such as the Product catalogs) that You will access the Website in accordance with the Terms

The Maark disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed below:

If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to: Defame, abuse, harass, threaten or otherwise violate the legal rights of others;

Represent any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity, Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword

Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);

Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any The Maark server, or to any of the Product and Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);

The probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of The Maark, including any The Maark Account not owned by You, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;

Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;


Collect or store data about other Users.

Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;

Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which violates the rights of The Maark or other third parties;


Conduct or forward surveys, contests, pyramid schemes or chain letters;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Violate any code of conduct or other guides, which may be applicable to the Website;

Violate any applicable laws or regulations for the time being in force within or outside India;

Violate the Terms including but not limited to any applicable Additional Terms; and Reverse engineer, modify, copy, spread, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

You agree that You are solely responsible to The Maark and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which The Maark or its affiliates may incur or suffer) for any such breach.

The Maark hereby grants You a non-exclusive, freely revocable transferable access to view and print catalogs of Products or any other materials available on the Website, subject to the following conditions:

You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;

You shall not modify or alter catalogs of Products or any other materials available on the Website; and You may not remove any text, copyright or other proprietary notices contained in the catalogs of Products and Services or any other materials available on the Website.

The rights granted to You as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and shall not be copied or imitated in whole or in part. The catalogs of Products and Services or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by The Maark.

Any software that is available on the Website is the property of The Maark. You shall not use, download or install any software available at the Website.

You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.

You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

The Maark shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to any unauthorized transaction effected from Your Account for any reason whatsoever.


Intellectual Property Rights

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, images, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by The Maark and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of The Maark s. You are not permitted to use the Marks without the prior consent of The Maark.

The Maark owns all intellectual property rights to the trademark "The Maark " and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from The Maark.

The Maark will not be liable for any loss that you may incur as a consequence of the unauthorized use of your account or account information or any products or services or materials download of such material or data. The Maark is not responsible for any typographical error leading to any invalidity of any kind.

Notwithstanding anything to contrary contained in these terms, terms of offer for sale or elsewhere, The Maark's entire liability to you shall be limited to the amount of the money paid by you for or towards any product or service, in connection with which the claim has arisen, which amount shall be refunded you, in case the claim is proven by an order of the court or any competent authority.

In no event shall The Maark, its officers, directors, employees or agents, partners or suppliers be liable to you for any (1) special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable and whether or not The Maark has been advised of the possibility of the same, (2) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (3) any other claim arising out of or in connection with your use of or access to the website, services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.


Violation of the Terms of Use

The Maark may, in its sole discretion and without prior notice, terminate Your access to the Website if The Maark determines that You have violated the Terms or Additional Terms or any other duty owed to The Maark. Any violation by You of the Terms will constitute a breach and will cause irreparable harm to The Maark, for which monetary damages are likely to be inadequate, and You consent to The Maark obtaining any injunctive or equitable relief that Urban Ladder deems necessary or appropriate. These remedies are in addition to any other remedies Urban Ladder may have at law or in equity.


Termination

The Terms will continue to apply until terminated by either You or The Maark as set forth below. If You want to terminate Your agreement with The Maark, You may do so by closing Your Account (if any). However, such termination shall not affect any rights and obligations that result from or resulted from or are related to Your use of the Website prior to such termination, or any Product purchased by You or any Services availed by You prior to such termination.

The Maark may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:

You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You;

The Maark is required to do so by law (for example, where the sale of Products or provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority or enforcement /enactment of any laws or regulations);

The sale of Products or provision of the Services to You by The Maark is, in The Maark's opinion, no longer commercially viable;

The Maark has elected to discontinue, with or without reason, access to the Website, providing of any the Services (or any part thereof) either in general or specifically to You;

Or

For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or providing any Services. The Maark may also delete any content or other materials relating to Your use of the Website.

The Maark shall not be liable to You or any third party for any such termination.

Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.


Governing Law

The Terms and all transactions entered and the relationship between You and The Maark and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.

All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Coimbatore Urban District, India and You hereby accede to and accept the jurisdiction of such courts.

All notices from The Mark will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to The Maark pursuant to the Terms should be sent to digitalmanager@themaark.com.

Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.

Waiver: Any failure by The Maark to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

Feedback and Information: Any feedback You provide to this Website shall be deemed to be non-confidential. The Maark shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) The Maark is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any remuneration or reimbursement of any kind from The Maark for the feedback under any circumstances.

Exactness Not Guaranteed: The Maark tries its best to deliver Products and Services exactly the way they are described on the Website. However, the nature and tendency of natural material based products are that each piece of furniture is unique in its own way. The Maark hereby disclaims any guarantees of exactness of the finish or appearance of the final Products or Services ordered by the User over and above generally acceptable standards on the same. The quality of the Products, Services, information or other material purchased or obtained by you through the Website may not meet your expectations.