Definitions on which the Terms are based
The www.theboxwalla.com website (the “Site”) is comprised of various web pages operated by Whichbox LLC (“Boxwalla”). www.theboxwalla.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
Browsing & Shopping on the Website
www.theboxwalla.com is an e-commerce site. We provide subscriptions to curated boxes of goodies which involve recurring payment as well as one-time boxes which for which you will never be re-billed. We also have retail shops in multiple categories. When you browse and shop on the site, you acknowledge that you have agreed to the ‘terms’ detailed on this page.
Copyright Policy
Everything on this is protected by copyright laws and should not be used without written consent or permission from us. The name of the website ‘Boxwalla’ is a registered U.S. trademark so please don’t use the name, even if you love it.
Subscription & Cancellation Policy
When you subscribe to any of the boxes, you acknowledge that there is an initial payment that recurs every two months, until you cancel. Cancellations have to be made by the 14th of the month (11:59 p.m PST), preceding the month that the box is shipped. For example, the August Box needs to be canceled by July 14th. You can cancel by logging into your account on the website, going to ‘Manage Subscriptions’, and then to “My Subscriptions’, and clicking ‘Cancel’ on the subscription that you want to cancel. Subscriptions will be billed after the 14th and any cancellations that happen after that date will take effect for the next cycle. In the event that subscription cut-off dates are extended, this extension applies only for accepting new subscriptions and not for cancellations or switching.
Electronic Communications
Visiting www.theboxwalla.com or sending emails to Boxwalla constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Boxwalla is not responsible for third-party access to your account that results from theft or misappropriation of your account. Boxwalla and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Links to third party sites/Third party services
Certain services made available via www.theboxwalla.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the www.theboxwalla.com domain, you hereby acknowledge and consent that Boxwalla may share such information and data with any third party with whom Boxwalla has a contractual relationship to provide the requested product, service or functionality on behalf of www.theboxwalla.com users and customers.
Third Party Accounts
You will be able to connect your Boxwalla account to third-party accounts. By connecting your Boxwalla account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.theboxwalla.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Boxwalla that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Boxwalla or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Boxwalla content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Boxwalla and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Boxwalla or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Boxwalla from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Boxwalla Content accessed through www.theboxwalla.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Boxwalla, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Boxwalla reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Boxwalla in asserting any available defenses.
Product Use
Even though we recommend and advocate the use of all that we sell, we are not the manufacturers. Nor are we doctors. Our words cannot be used in lieu of professional advice. Please patch test beauty items before use. If a product does not work for you, we will do our best to try to get to the bottom of the whys and whynots. We will also help you find other products that might work for you. However, we will not be held liable if a product does not agree with your skin (hence the patch test).
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WHICHBOX LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WHICHBOX LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WHICHBOX LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHICHBOX LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHICHBOX LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Boxwalla reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Boxwalla as a result of this agreement or use of the Site. Boxwalla’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Boxwalla’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Boxwalla with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Boxwalla with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Boxwalla with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Boxwalla reserves the right, in its sole discretion, to change the Terms under which www.theboxwalla.com is offered. The most current version of the Terms will supersede all previous versions. Boxwalla encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Boxwalla welcomes your questions or comments regarding the Terms. Send us an email at contact@theboxwalla.com or use the form on the Contact page.