2. Products and Services for Personal Use
2.1 The products and services described on the Platform, and any samples thereof We may provide to You, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from Us.
2.2 We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to You that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. Eligibility to Use
3.1 The products and services of this Platform are not available to minors, i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving using or availing services from the Platform under the applicable laws. If You are under 18 (eighteen) years of age, You may use the Platform only with the involvement of a parent or guardian who will be responsible/liable for your activities on the Platform, in accordance with Indian law.
3.2 The Company reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
4. User Account, Password, and Security
4.1 Account registration and information. In order to purchase any product and/or service on the Platform, You will have to register on the Platform by providing information about Yourself including Your personal information and sensitive personal information such as Your name, age, gender, address, electronic email address, contact details, location, financial information including your bank details, e-wallet details and such other details as may be required to create
an account on the Platform (the “Account”). Additionally, You may also be required to provide such other details, which may be in the form of preferences, likes, dislikes, interests, demographics etc., as may be sought by the Company, from time to time.
4.2 You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any
portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
4.3 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 (i) be solely responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password; (ii) immediately notify the Company of any unauthorized use of Your
Account information or any other breach of security, and (iii) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
5. Payment Services
5.1 You agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process the consideration and manage Your Financial Information (as defined below). Any dispute with regard to consideration shall be brought to the attention of the Company within 7 (seven) days from the date of purchase of the product or service on the Platform. In all cases, the decision of the Company will be final.
5.3 The Company shall not be responsible or liable for any payments that do not complete because: (i) You have not provided the Company with correct Financial Information; (ii) Your payment card has expired; or (iii) circumstances beyond Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
6. Use of Platform
6.2 The Company also grants You a non-exclusive, revocable, limited privilege to create a hyperlink to the home page of the Platform for personal, non-commercial use only. You agree that a website that links to the Platform (i) may link to, but shall not replicate, any and/or all of Our content; (ii) shall not imply that We are endorsing such website or its services or products; (iii) shall not misrepresent its relationship with us; (iv) shall not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) shall not portray Us or Our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Us with undesirable products, services, or opinions; and (vi) shall not link to any page of the Platform other than the home page. The Company may, in its sole discretion, request that You remove any link to the Platform, and upon receipt of such request, You shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by Us to resume linking.
6.4 Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any content available on the Platform, subject to the following conditions:
- You shall not modify or alter the content available on the Platform;
- You shall not distribute or sell, rent, lease, license, disclose or otherwise make any content on the Platform available to others without the prior consent of the Company;
- You shall not remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.;
- You shall not collect Account information for the benefit of Yourself or another party;
- You shall not use any meta tags or any other “hidden text” utilizing any and/or all Content;
- You shall not use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
6.6 You acknowledge and agree that by accessing or using the Platform, You may be exposed to content that You may consider offensive or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.
6.7 Further, while using, browsing, accessing, etc. the Platform, You undertake not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
- do any such thing that may harms minors in any way;
- copy, republish, post, display, translate, transmit, reproduce or distribute any Company Property through any medium without obtaining the necessary authorization from the Company;
- stalk or otherwise harass, including encouraging harassment of another, or harm any third party in any way;
- impersonate any other User or person or entity, or falsely state or mispresent Your affiliation with any User or person or entity;
- collect or store data about other Users in connection with the prohibited conduct and activities set forth herein;
- collect or store personally identifiable data about other users;
- violate any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property right of the Company, a user or any other third party;
- violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
- engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
- attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or through the Platform, by hacking, password mining or any other illegitimate means;
- Neither probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
- use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
- access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You 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 Platform or Company Property (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Company Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
- 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 Platform.
7 User Posts
7.2 You represent and warrant that you own or otherwise control the rights to your User Post and that it does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You further represent and warrant that You shall not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any User Post. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any User Post or any damages arising from any User Post.
8 Additional offers, Features Etc.
9 Intellectual Property Rights
9.1 The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof) is owned by the Company (the “Company Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Company Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use the Company Property without the prior written consent of the Company. Further, the trademarks, logos and service marks displayed on the Platform (the “Marks”) are the property of the Company.
10 Representations and Warranties
You expressly understand and agree that, to the maximum extent permitted by applicable law:
10.2 You further agree that the Company will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Platform; (c) non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company's control; (d) data non-delivery, wrong delivery, corruption, destruction or other modification; (e) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Platform; (f) computer viruses, system failures or malfunctions which may occur in connection with your use of the Platform, including during hyperlink to or from third party websites (g) any inaccuracies or omissions in content or (h) events beyond our reasonable control.
10.3 The Company endeavours to be as accurate as possible when describing Our products and/or services on the Platform. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Platform are accurate, complete, reliable, current, or error-free.
10.4 The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your account or information in connection with the Platform either with or without your knowledge. You further understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
10.5 You understand and agree that the products available on the Platform may contain certain ingredients, combinations, etc. that may cause allergic reactions to certain individuals or may adversely affect certain individuals with pre-existing medical conditions. You agree that it shall be Your sole liability to make Yourself aware of the ingredients and usage instructions, take proper precautions (eg: medical and/or dermatological advice) before using any product as available on the Platform to ensure that it is safe for You to use. You expressly agree that the Company shall not be responsible or liable for any product related issues including, without limitations, any allergic reaction(s) to You on account of using any product(s) available on the Platform.
10.6 The Company shall not be responsible for the content of any off-website pages or any other websites linked to or from the Platform. You understand and agree that such links appearing on the Platform are not an endorsement by Us, Our affiliates or Our partners of the referenced content, product, service, or supplier and that Your linking to or from any off-website pages or other websites is at your own risk and cost. The Company does not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do We assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
11 Indemnification and Limitation of Liability
11.2 In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Company Property on the Platform.
11.3 There shall be no liability on the company of any kind ,in any given circumstance(s).Only in case of company(s) defect, which shall be analysed and determined after the return, the liability would arose which in no event shall the maximum aggregate liability of the Company exceed the amount paid by You for availing the product or service in question from the Platform.
11.4 The limitations and exclusions in this clause apply to the maximum extent permitted by applicable laws.
13 Suspension, Termination and Removal
14 Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at [Ludhiana, Punjab].
15 Report Abuse
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from the Company, Client or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by visiting [email@example.com].
17.1 Entire Agreement: You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications
18 IP Infringement
If You believe the Platform violates Your intellectual property, You must promptly notify the Company in writing at [firstname.lastname@example.org]. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf among with documentary proof of the same. However, any false claim by You may result in the termination of Your access to the Platform and appropriate action as permitted under law. You are required to provide the following details in Your notice:
- the intellectual property that You believe is being infringed;
- the item that You think is infringing and include sufficient information about where the material is located on the Platform;
- a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
- Your contact details, such as Your address, telephone number, and/or email;
- an undertaking that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
- Your physical or electronic signature.
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