Terms & Conditions

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY USER’S ACCEPTANCE OF THE TERMS OF USE AND USER’S AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE. 
TERMS OF USE
These terms and conditions of use (“Terms of Use”) of the Website (as defined below) between Popcorn Furniture and Lifestyle Private Limited, (hereinafter referred to as “Popcorn” or “Popcorn Furniture”) and the users/ registrants of the Website (“User”) describe the terms on which Popcorn offers User access to the Website and the Services (as defined below) through the Website.

1. General

1.1. www.popcornfurniture.com (“Website”) is a website operated by “Popcorn Furniture and Lifestyle Private Limited”, a company incorporated under the Companies Act,1956 with its registered office at C-697 New Friends Colony New Delhi-110065 India.Use of the Website is subject to acceptance by user all the terms, conditions and notices contained in these Terms, along with any amendments made by Popcorn at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
1.2. By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, User agree that User have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage. Popcorn agrees to deliver the merchandise ordered by User only at such locations as per the Order Confirmation Form.

2. Services

2.1. The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by Popcorn’s various affiliate/ registered merchants/ vendors/service providers at a discounted price (“Services”). The Services are offered to the Users through various modes which shall include issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale (“Terms of Offer For Sale”)

3. Eligibility to Use

3.1. The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Popcorn system by Popcorn for any reason whatsoever. If User does not conform to the above qualification, User shall not be permitted to avail of the Services or use the Website. User represents that User are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if Useris below the age of eighteen (18) years, User may avail the Services provided by Popcorn through User legal guardian in accordance with the applicable laws

3.2. Popcorn reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.


3.3. User shall not have more than one active Account on the Website. Additionally, Useris prohibited from selling, trading, or otherwise transferring User Account to another party.

4. User Account, Password, and Security

4.1. Popcorn makes the Services available to User through the Website only if User have provided Popcorn certain required User information and created an account (“Account”) through Popcorn ID and password or other log-in ID and password, which can include a Facebook, Gmail, Yahoo Account or any other valid email account (collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, 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 service.


4.2. The Website requires User to register as a User by creating an Account in order to avail of the Services provided by the Website. User will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under User Account. Users agree to (a) immediately notify Popcorn of any unauthorized use of User Account Information or any other breach of securityand (b) ensure that User exit from User Account at the end of each session. Popcorn cannot and will not be liable for any loss or damage arising from User failure to comply with Clause 4.2. User may be held liable for losses incurred by Popcorn or any other user of or visitor to the Website due to authorized or unauthorized use of User Account as a result of User failure in keeping User Account Information secure and confidential.

4.3. The Website also allows restricted access to the Services for unregistered Users.

4.4. User shall ensure that the Account Information provided by User in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

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

5. Pricing Information

5.1. Popcorn strives to provide User with the best prices possible on products and services User buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer for Sale.


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


5.3. Popcorn shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of User/cardholder having exceeded the preset limit mutually agreed by Popcorn with our acquiring bank from time to time.

6. User Obligations

6.1. Subject to compliance with the Terms of Use, Popcorn grants User a non-exclusive, limited privilege to access and use this Website and the Services provided therein.


6.2. User agrees to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

6.3. User agrees to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that User access on the Website in accordance with Clause7.


6.4. User agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Popcorn. User shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.


6.5. User acknowledge and agree that by accessing or using the Website or Services, User may be exposed to content from other users that User may consider offensive, indecent or otherwise objectionable. Popcorn disclaims all liabilities arising in relation to such offensive content on the Website. Further, User may report such offensive content in the manner prescribed under Clause17 herein.


6.6. If Website allows User to post and upload any material on the Website, User hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, User undertake not to:
6.6.1 Defame abuse, harass, threaten or otherwise violate the legal rights of others;
6.6.2 Impersonate any person or entity, or falsely state or otherwise misrepresent User affiliation with a person or entity;
6.6.3 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;
6.6.4 Upload files that contain software or other material protected by applicable intellectual property laws unless User own or control the rights thereto or have received all necessary consents;
6.6.5 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;
6.6.6 Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
6.6.7 Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Popcorn server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
6.6.8 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. User 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 Popcorn, including any Popcorn Account not owned by User, to its source, or exploit the Website or Service 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, other than User own information, as provided for by the Website;
6.6.9 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;
6.6.10 Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Clause;
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;
6.6.11 Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Popcorn or other third parties;
6.6.12 Conduct or forward surveys, contests, pyramid schemes or chain letters;
6.6.13 Download any file posted by another user of a Service that User know, or reasonably should know, cannot be legally distributed in such manner;
6.6.14 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;
6.6.15 Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
6.6.16 Violate any applicable laws or regulations for the time being in force within or outside India;
6.6.17 Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
6.6.18 Reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.


6.7 User agree that Popcorn may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

7. Use of Materials

Except as expressly indicated to the contrary in any applicable additional terms, Popcorn hereby grants User a non-exclusive, freely revocable (upon notice from Popcorn), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions.


7.1 User may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;


7.2 User may not modify or alter product catalogues or any other materials available on the Website;


7.3 User may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and


7.4 User may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.


7.5 The rights granted to User in the product catalogues or any other materials 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 may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Popcorn.


7.6 Any software that is available on the Website is the property of Popcorn or its vendors. User may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of Popcorn.


7.7 Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.

8. Usage Conduct

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


8.2 Users are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.


8.3 User shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.


8.4 Popcorn shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of User/cardholder having exceeded the preset limit mutually agreed by Popcorn with our acquiring bank from time to time.

9. Intellectual Property Rights and restrictions on use of content

9.1 This Website contains materials, including texts, graphics, sound, etc., which is/are protected by copyright and/or intellectual property rights. Any person who is accessing or has accessed any information or data from the Website acknowledges and agrees that all proprietary rights, statutory or otherwise, in the information, texts, graphics, sound, etc. shall and will remain the exclusive property of Popcorn. Any reproduction, redistribution, or transmission, for consideration or otherwise, of any such information, texts, graphics, sound, etc. contained in this web site is strictly prohibited and would constitute a breach of these terms and conditions.


9.2 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Popcorn 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.


9.3 User may print and download portions of material from the different areas of the Website solely for User’s own non-commercial use. User understand and agree that unauthorized copying, displaying or other use of any contents of this Website would amount to material breach of the Terms and Conditions and is a violation of law. User may not sell or modify the content of this Website or reproduce, display, distribute, or otherwise use the materials in any way, for any public or commercial purpose, without Popcorn’s written permission.


9.4 All logos, brands, trademarks and service marks (“Marks”) appearing in this Website are the properties either owned or used under license by Popcorn and/or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Popcorn / its Associates / vendors or respective third parties. The access to this Website does not confer upon User any license in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Users are not permitted to use the Marks without the prior consent of Popcorn / its associates/ vendor or the third party that may own the Marks. Any violation of the above would constitute an offence under the laws of India.


9.5 User hereby expressly agree not to:
9.5.1 Access data not intended for User or log into server or account that User are not authorized to access;
9.5.2 Attempt to probe, scan or test the vulnerability of a system or network; 
9.5.3 Attempt or breach security or authentication measures without proper authorization;
9.5.4 Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to the Website, overloading, Flooding, mail bombing or crashing; 
9.5.5 Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the Website except as permitted;
9.5.6 Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or
9.5.7 Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the website or link to this web site, without our express written consent.


9.6 Violations of system or network security may result in civil or criminal liability.


9.7 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Popcorn owns all intellectual property rights to and into the trademark and the Website, 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.


9.8 Except as expressly provided herein, User acknowledge and agree that User shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Popcorn or thirty party owner of such Content.

10. Third Party Content

10.1 The Website may usegeneral third party information such as, product catalogues, lists of authorized dealers, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”) under a permission/ license from the owner of such content. Similar Third Party Content may also be available to User on the email received by User from Popcorn. The provision of Third Party Content is for general informational purposes only. User acknowledges that the Third Party Content provided to User is obtained from sources believed to be reliable. Popcorn does not provide any guarantee with respect to any of the Third Party Content and Popcorn shall not be held liable for any loss suffered by User based on User reliance on or use of such data.

11. Disclaimer of Warranties & Liability


USER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:


11.1 THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY Popcorn ON AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Popcorn MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET USER’S REQUIREMENTS OR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET USER’S EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM POPCORN OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.


11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPCORN WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Popcorn ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.


11.3 Popcorn WILL NOT BE LIABLE FOR ANY LOSS THAT USER MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF USER’S ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT USER’S KNOWLEDGE. POPCORN NIETHER WARRANT NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. POPCORN SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, POPCORN SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND POPCORN ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. POPCORN IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. POPCORN ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO USER WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.


11.4 POPCORN SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

12. Indemnification and Limitation of Liability

12.1 User agree to indemnify, defend and hold harmless Popcorn including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Popcorn that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by User pursuant to these Terms of Use. Further, User agree to hold Popcorn harmless against any claims made by any third party due to, or arising out of, or in connection with, User use of the Website, any claim that User material caused damage to a third party, User violation of the Terms of Use, or User violation of any rights of another, including any intellectual property rights.


12.2 Notwithstanding anything to the contrary, Popcorn’s entire liability to User under this Terms of Use or otherwise shall be the refund of the money charged from User for any specific voucher or product or service, under which the unlikely liability arises.


12.3 In no event shall Popcorn, its officers, directors, employees, partners or suppliers be liable to User, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Popcorn has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with User use of or access to the Website, Services or materials.


12.4 The limitations and exclusions in this Clauseapply to the maximum extent permitted by applicable law.

13. Violation of the Terms of Use

13.1 User agree that Popcorn may, in its sole discretion and without prior notice, terminate User access to the Website and block User future access to the Website if Popcorn determines that User have violated these Terms of Use or Additional Terms. User also agree that any violation by User of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Popcorn, for which monetary damages would be inadequate, and User consent to Popcorn obtaining any injunctive or equitable relief that Popcorn deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Popcorn may have at law or in equity.


13.2 User agree that Popcorn may, in its sole discretion, and without prior notice, terminate User access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by User (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

13.3 If Popcorn does take any legal action against User as a result of User violation of these Terms of Use, Popcorn will be entitled to recover from User, and User agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Popcorn.

14. Termination

14.1 The Terms of Use will continue to apply until terminated by either User or Popcorn as set forth below. If User want to terminate User agreement with Popcorn, User may do so by (i) not accessing the Website; or (ii) closing User accounts for all of the Services that User use, where Popcorn has made this option available to User.


14.2 Popcorn may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with User if:


14.3 User breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to User from time to time (or have acted in a manner that clearly shows that User do not intend to, or are unable to, comply with the same);


14.4 Popcorn is required to do so by law (for example, where the provision of the Services to User is, or becomes, unlawful);


14.5 The provision of the Services to User by Popcorn is, in Popcorn’s opinion, no longer commercially viable;


14.6 Popcorn has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or


14.7 Popcorn may also terminate or suspend all or a portion of User account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of User Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of User materials and Account Information, including User personal information, log-in ID and password, and all related information, files and materials associated with or inside User Account (or any part thereof); and (iii) barring of further use of the Services.


14.8 User agree that all terminations shall be made in Popcorn’s sole discretion and that Popcorn shall not be liable to User or any third party for any termination of User Account (and accompanying deletion of User Account Information), or User access to the Website and Services.


14.9 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Popcorn chooses to terminate them.


14.10 If User or Popcorn terminates User use of the Website, Popcorn may delete any content or other materials relating to User use of the Website and Popcorn will have no liability to User or any third party for doing so.

15. Governing Law and Dispute Resolution

15.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between User and Popcorn shall be governed in accordance with the laws of India without reference to conflict of laws principles.


15.2 User agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between User and Popcorn shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and User hereby accede to and accept the jurisdiction of such courts.


15.3 In case of a dispute or difference arising between the Parties relating to any matter arising out of or connected with this Agreement, such dispute or difference shall be settled in accordance with the Arbitration and Conciliation Act, 1996 before a sole arbitrator, the appointment of which shall be appointed by Popcorn alone. The place and venue of arbitration shall be New Delhi.

16. Report Abuse

16.1 In the event User come across any abuse or violation of these Terms of Use or if User become aware of any objectionable content on the Website, please report to Popcorn customer support

17. Privacy Policy

17.1 The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Popcorn in respect of the Website. User further consent that the terms and contents of such Privacy Policy are acceptable to User.

18. Communications

18.1 User hereby expressly agrees to receive communications by way of SMS, e-mails from Popcorn relating to Services provided through the Website.


18.2 A User can unsubscribe/ opt-out from receiving communications from Popcorn through e-mail anytime by:


18.3 Visiting www.popcornfurniture.com to unsubscribe from messages/ SMS; and


18.4 Newsletters sent daily at the registered email address by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.

19. General Provisions

19.1 Notice: All notices of Popcorn will be served by email or by general notification on the Website. Any notice provided to Popcorn pursuant to the Terms of Use should be sent to Popcorn customer support


19.2 Assignment: User cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Popcorn’s rights under the Terms of Use are freely transferable by Popcorn to any third parties without the requirement of seeking User consent.


19.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.


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

20. Feedback and Information

20.1 Any feedback Userprovide to this Website shall be deemed to be non-confidential. Popcorn shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, User represent and warrant that (i) User feedback does not contain confidential or proprietary information of User or of third parties; (ii) Popcorn is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Popcorn may have something similar to the feedback already under consideration or in development; and (iv) User are not entitled to any compensation or reimbursement of any kind from Popcorn for the feedback under any circumstances.

21. Changes/ Amendment

21.1 Popcorn shall not be required to notify User, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. User use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. User is requested to regularly visit the home page www.Popcorn.in to view the most currentTerms of Use. User can determine when Popcorn last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be User responsibility to check these Terms of Use periodically for changes. Popcorn may require User to provide User consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, User continued use of the Website, following changes to the Terms of Use, will constitute User acceptance of those changes.