THIS TERMS OF USE DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.              

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND CONSUMER PROTECTION (E-COMMERCE) RULES, 2020 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

Welcome to www.aniquecosmetics.com (the “Website”), owned by Anique Cosmetics Private Limited, a company incorporated under the Companies Act, 2013 (hereinafter referred to as the “Company”, having its registered office at 16-2-836/A/5 LIC Colony, Asmangadh, Hyderabad, Telangana, India, 500059. The Company is engaged in the business of sale of beauty cosmetic products via. the Website for listing, sale, distribution and shipping of different types of beauty cosmetics (the “Products”) and related services provided on the Website.

For the purpose of these Terms of Use (“the Terms”), wherever the context so requires, the term “Customer” or “You” or “Your” shall mean any individual who, for the purpose of purchasing the Products and services listed on the Website, uses the Website and is registered as a ‘Customer’ on the Website in accordance with the terms contained herein.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your sole responsibility to review these Terms of Use periodically for updates or changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.

You should read these Terms of Use and access and read all further linked information, if any, referred to in these Terms of Use, as such information contains further terms and conditions that apply to you as a user of the Website. Such linked information including but not limited to the Company’s privacy policy (“Privacy Policy”), returns and exchange policy is hereby incorporated by reference into these Terms of Use.

MEMBERSHIP ELIGIBILITY

  1. Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website.
  2. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. Any minor accessing, using or transacting on the Website in violation of these Terms shall be doing so at their own risk and the Company shall not be responsible or liable for any activities or interactions of such minor on the Website.
  3. The Company, at any time, reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to the Company’s notice or if it is discovered that such person is not eligible to use the Website.
  4. Those who access the Website from outside India are responsible for compliance with local laws, if and to extent local laws are applicable.

ACCEPTANCE OF TERMS

  1. The Customer is required to carefully read these Terms, as it contains the terms and conditions governing the Customer’s use of the Website and any content such as text, data, information, software, graphics, audio, video or photographs etc. that the Company may make available through the Website along with any services that the Company may provide through the Website.
  2. By further accessing or using the Website, the Customer is agreeing to these Terms and entering into a legally binding contract with the Company. The Customer may not use the Website if the Customer does not accept the Terms or is unable to be bound by these Terms.
  3. In order to use the Website, the Customer must first agree to the Terms. The Customer accepts the Terms by:

    1. accessing or scrolling the Website;

    2. logging into or registering with the Website in the manner indicated herein, or

    3. actually using the Website. In this case, the Customer understands and agrees that the Company will treat the Customer’s use of the Website as acceptance of the Terms from that point onwards.

OPENING AN ACCOUNT

  1. The Website allows only limited and restricted access to the services for unregistered users.
  2. In order to use the Website, as part of the sign-up process, the Customer will have to create an account on the Website (“Customer Account”), which can be done either by signing up through Gmail, mobile number with one-time password, by the Customer’s personal e-mail address or through such other means as may be indicated by the Company from time to time.
  3. Once registered, the Customer can log in to the Customer Account by (a) using the e-mail address and password; or (b) by other third party websites/modes, provided at the time of signing-up; or (c) using mobile number and one time password sent on the registered mobile number (“Customer Login Credentials”).
  4. The Customer understands that once the Customer registers as a user on the Website, the Customer may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, Instagram, Telegram and phone calls from the Company on the registered mobile number and the Customer may receive e-mails on the Customer’s registered e-mail address. These messages, e-mails and calls could relate to the Customer’s registration, transactions that the Customer carries out through the Website and promotions that are undertaken by the Company. The Customer, hereby, by way of accepting these Terms consent to the receipt of such communication from the Company.

ACCOUNT CONFIDENTIALITY OBLIGATIONS

  1. The Website allows only limited and restricted access to the services for unregistered users.
  2. In order to use the Website, as part of the sign-up process, the Customer will have to create an account on the Website (“Customer Account”), which can be done either by signing up through Gmail, mobile number with one-time password, by the Customer’s personal e-mail address or through such other means as may be indicated by the Company from time to time.
  3. Once registered, the Customer can log in to the Customer Account by (a) using the e-mail address and password; or (b) by other third party websites/modes, provided at the time of signing-up; or (c) using mobile number and one time password sent on the registered mobile number (“Customer Login Credentials”).
  4. The Customer understands that once the Customer registers as a user on the Website, the Customer may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, Instagram, Telegram and phone calls from the Company on the registered mobile number and the Customer may receive e-mails on the Customer’s registered e-mail address. These messages, e-mails and calls could relate to the Customer’s registration, transactions that the Customer carries out through the Website and promotions that are undertaken by the Company. The Customer, hereby, by way of accepting these Terms consent to the receipt of such communication from the Company.

USE OF THE WEBSITE

  1. The Customer agrees, undertakes and covenants that, during the use of the Website, the Customer shall not host, display, upload, modify, publish, transmit, update or share any information that:

    1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, sensational, gory, depicting violence or threats of violence, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

    2. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity;

    3. contains assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status;

    4. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website;

    5. interferes with another user’s use of the Website; or

    6. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

  2. The Customer agrees and acknowledges that (a) the Customer shall not use the Website for any illegal or unauthorized purpose; and (b) the Customer’s use of any information or materials on the Website is entirely at the Customer’s own risk, for which the Company shall not be liable. The Customer agrees to comply with all laws, rules and regulations applicable to the use of the Website. The Customer further agrees and acknowledges that the Customer shall use the Customer Account on the Website to purchase Products only for the Customer’s personal use and not for business purposes or any commercial exploitation.

CUSTOMER’S POSTS AND REVIEWS

  1. The Website may allow the Customer to post certain content, data or information belonging to the Customer, such as reviewing and allowing the Customer to share the Customer’s experience and views about a particular blog-post, rate products and/or Vendors, post the Customer’s comments and reviews in relation to contents and/or products on the Website on specific pages of the Website, as well as submit/post any photos, videos, suggestions, comments, questions or other information to the Company using the Website (collectively referred to "User Content").
  2. The Customer, being the originator of the User Content, is responsible for the User Content that the Customer uploads, posts, publishes, transmits or otherwise makes available on the Website. The Customer represents that the Customer exclusively owns the copyright in the User Content and has obtained all relevant consents and approvals in order to post any User Content. The Customer further represents that all such User Content will be in accordance with applicable law. The Customer acknowledges that the Company does not endorse any User Content on the Website and is not responsible or liable for any User Content. the Company reserves the right to disable access to the User Content on the Website.
  3. The Customer hereby grants the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content in any manner as deemed appropriate by the Company in any form including but not limited to print, broadcast, online and across any and all websites owned by the Company, any and all Websites owned by the Company on any social media channels including but not limited to Instagram, Facebook and Twitter.

PAYMENT FACILITY

  1. The Website permits payment via various modes, including cash on delivery (COD), virtual payment wallets and online payments through debit/credit cards and internet banking. Please note that payments made through any payment mode are operated and processed by third-party payment gateway service providers engaged by the Company from time to time. You agree and acknowledge that the Company bears no responsibility for payments made through any payment mode to avail the Services through the Website. Customers understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service. Further, Customer acknowledges and agrees that in addition to fees/consideration payable by Customer for undertaking any transaction on the Website (inclusive of applicable taxes), Customer will also be required to pay the applicable payment gateway service charges (if any) for each transaction that Customer makes on the Website.
  2. If the Customer purchases the Products using the cash on delivery (“COD") option, the orders placed will be verified before dispatch through via. e-mail or multimedia text messages as SMS, WhatsApp, or phone calls from the Company on the Customer’s mobile number. If the order is not verified within 3 days of placing the order, it shall stand automatically cancelled. Upon delivery of the Products, the Customer is not permitted to refuse receipt of such Products. In the event that the Customer refuses receipt of such delivered Products and/or does not pay for the same, the Company reserves the right to blacklist the Customer and block access to the Customer Account on the Website and/or take any other action as the Company may deem fit.
  3. While availing any of the payment method/s available on the Website, the Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:

    1. Lack of authorization for any transaction(s);

    2. Exceeding the pre-set limit mutually agreed by the Customer and between bank/s;

    3. Any payment issues arising out of the transaction;

    4. Rejection of transaction for any other reason(s) whatsoever.

  4. All payments made against the purchases on the Website by the Customer shall be compulsorily in Indian Rupees. It is expressly clarified that the Company will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Website.

  5. The payment facility provided on this Website is facilitated by a third-party service provider. Any payment made through the Website shall be subject to the terms and conditions of the third-party service provider. The Company shall not be responsible or liable for any errors, delays, or issues arising from the use of the third-party payment service.

LINKS TO THIRD PARTY WEBSITES

The Website may contain links and interactive functionality interacting with the websites of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Company strongly recommends that the Customer reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

REPRESENTATIONS

The Customer hereby represents and warrants that the Customer has validly entered into these Terms and has the legal power to do so. The Customer further represents and warrants that the Customer shall be solely responsible for the due compliance with these Terms.

LIMITATION OF LIABILITY

  1. The Customer hereby acknowledges that the Company shall not be held liable to the Customer for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues.
  2. The Company shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the Website.
  3. The Company is not liable to compensate you if the quality of any Products/merchandise purchased by you through the Website did not meet your expectations. At the most, Company may allow you to return the product in exchange of another product as per the terms prescribed under “Return and Exchanges Policy”.
  4. Without prejudice to aforesaid, aggregate liability of Company, its contracted parties, employees, consultants, etc., in connection with this Policy shall be limited to the value of the relevant Product(s) purchased by you through the Website.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THROUGH THE WEBSITE (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY THE COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE CUSTOMER EXPRESSLY AGREES THAT THE USE OF THE WEBSITE IS AT THE CUSTOMER’S SOLE RISK. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

INDEMNIFICATION

The Customer shall indemnify and hold harmless the Company, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the Customer’s breach of these Terms, Privacy Policy and other policies, or the Customer’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

  1. Company solely and exclusively owns all the trademarks, logos and service marks displayed on the Website, including all copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Company’s services/Products provided on the Website (“Services”) and Contents and is protected under Indian law. The Customer has limited rights to use and access of the Services and by merely using the Services, no rights, title, interest or ownership in the in the intellectual property rights in the Services shall pass to the Customer and at all times such rights shall remain with the Company.
  2. The Customer hereby acknowledges that the Contents and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. The Customer thereby agrees to protect the proprietary rights of the Company. The Customer shall not selectively download portions of the Website without retaining the copyright notices. The Customer may download material from the Website only for the Customer’s own personal use and for no commercial purposes whatsoever.
  3. Any infringement shall lead to appropriate legal proceedings against the Customer at appropriate forum for seeking all available remedies under applicable laws of the country.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

  1. Company solely and exclusively owns all the trademarks, logos and service marks displayed on the Website, including all copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Company’s services/Products provided on the Website (“Services”) and Contents and is protected under Indian law. The Customer has limited rights to use and access of the Services and by merely using the Services, no rights, title, interest or ownership in the in the intellectual property rights in the Services shall pass to the Customer and at all times such rights shall remain with the Company.
  2. The Customer hereby acknowledges that the Contents and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. The Customer thereby agrees to protect the proprietary rights of the Company. The Customer shall not selectively download portions of the Website without retaining the copyright notices. The Customer may download material from the Website only for the Customer’s own personal use and for no commercial purposes whatsoever.
  3. Any infringement shall lead to appropriate legal proceedings against the Customer at appropriate forum for seeking all available remedies under applicable laws of the country.

TERMINATION OF ACCESS TO SERVICES

  1. The Account can be terminated at any time by:
    1. the Customer, by ceasing to use the Website; or by
    2. the Company in its sole discretion, for any reason or no reason including the Customer’s violation of these Terms or lack of use of services.
  2. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

ASSIGNMENT

It is expressly agreed by the parties that the Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the Customer, except to the extent provided by law.

GOVERNING LAW

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Hyderabad, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Hyderabad, India.

HOW TO CONTACT US

If the Customer has questions or concerns about this Policy, the Customer may contact the Company at care@aniquecosmetics.com