1. Use of
Platform
Welcome to www.carecosmetics.in ( "Site"
or "Care Cosmetics " ). The website www.carecosmetics.in is
owned and operated by CARE COSMETICS (" CARE COSMETICS "),
as Platform. You may be accessing our Site from a computer or mobile phone
device and these Terms of Use govern your use of our Site and your conduct,
regardless of the means of access.
The Platform is only to be used for your personal non-commercial use and
information. Your use of the services and features of the Platform shall be
governed by these Terms and Conditions (hereinafter " Terms of
Use ") along with the Privacy Policy, Shipping Policy and
Cancellation, Refund and Return Policy (together " Policies ")
as modified and amended from time to time.
By mere accessing or using the Platform, you are acknowledging, without
limitation or qualification, to be bound by these Terms of Use and the Polices,
whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE
USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND
CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
PROCEEDING . If you do not agree to any of the terms enumerated in the
Terms of Use or the Policies, please do not use the Platform. You are
responsible to ensure that your access to this Platform and material available
on or through it are legal in each jurisdiction, in or through which you access
or view the platform or such material.
CARE COSMETICS reserves the unilateral right to change the particulars
contained in the Terms of Use or the Policies from time to time and at any
time, without notice to its users and in its sole discretion. If CARE COSMETICS
decides to change the Terms of Use or Policies, CARE COSMETICS will post the
new version of the Terms of Use or the Policies on the Site and update the date
specified above. Any change or modification to the Terms of Use and the
Policies will be effective immediately from the date of such upload of the
Terms of Use and Policies on the Site. Your continued use of the Platform
following the modifications to the Terms of Use and Policies constitutes your
acceptance of the modified Terms of Use and Policies whether or not you have
read them. For this reason, you should frequently review these Terms of Use,
our Guidelines and Rules and any other applicable policies, including their
dates, to understand the terms and conditions that apply to your use of the
Site.
2. Privacy
Practices
We understand the importance of safeguarding your
personal information and we have formulated a Privacy Policy, to ensure that
your personal information is sufficiently protected. Apart from these Terms of
Use, the Privacy Policy shall also govern your visit and use of the Site. Your
continued use of the Site implies that you have read and accepted the Privacy
Policy and agree to be bound by its terms and conditions. You consent to the
use of personal information by CARE COSMETICS in accordance with the terms of
and purposes set forth in the Privacy Policy, the same may be subject to
amendment from time to time at the sole discretion of CARE COSMETICS.
3. Your
Account
This Site is directed to be used by adults only. We
assume that any minor, if at all, accessing our Site is under the supervision
of their guardians. CARE COSMETICS or its associates do not knowingly collect
information from minors. You will be 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. You acknowledge that the information you
provide, in any manner whatsoever, are not confidential or proprietary and does
not infringe any rights of a third party in whatsoever nature
If you are accessing, browsing and using the Site
on someone else’s behalf; you represent that you have the authority to bind
that person to all the terms and conditions herein. In the event that the
person refuses to be bound as the principal to the Terms of Use, you agree to
accept liability for any harm caused by any wrongful use of the Site resulting
from such access or use of the Site in whatsoever nature
If you know or have reasons to believe that the
security of your account has been breached, you should contact us immediately
at the 'Contact Information' provided below. If we have found a breach or
suspected breach of the security of your account, we may require you to change
your password, temporarily or permanently block or suspend your account without
any liability to CARE COSMETICS.
We reserve the right to refuse service and/or
terminate accounts without prior notice if these Terms of Use are violated or
if we decide, in our sole discretion, that it would be in Care Cosmetics’s and CARE
COSMETICS’s best interests to do so. You are solely responsible for all
contents that you upload, post, email or otherwise transmit via the Site.The
information provided to us shall be maintained by us in accordance with our
Privacy Policy.
4. Product
& Services Information
CARE COSMETICS attempts to be as accurate as
possible in the description of the product on the Platform. However, CARE
COSMETICS does not warrant that the product description, colour, information or
other content of the Platform is accurate, complete, reliable, current or
error-free. The Site may contain typographical errors or inaccuracies and may
not be complete or current. The product pictures are indicative and may not
match the actual product.
CARE COSMETICS reserves the right to correct,
change or update information, errors, inaccuracies or omissions at any time
(including after an order has been submitted ) without prior notice. Please
note that such errors, inaccuracies or omissions may also relate to pricing and
availability of the product or services.
5. Product
Use & Services
The products and services available on the
Platform, and the samples, if any, that Platform may provide you, are for your
personal and/or professional use only. The products or services, or samples
thereof, which you may receive from us, shall not be sold or resold for
any/commercial reasons.
In case any products or beauty services purchased /
received / availed causes side effects or doesn’t suit you, please note that CARE
COSMETICS is in no manner responsible for any manufactural side-effects or
service provider and manufacturer or service provider of the product or service
shall be solely responsible for such side effects and consumer complaints. You
should carefully read the individual terms and conditions in relation to the
products and beauty services and consult a specialist before the use of the
same.
6.
Recommendation of the Product & Services
Any recommendation made to you in the Site during
the course of your use of the Site is purely for informational purposes and for
your convenience and does not amount to endorsement of the product or services
by CARE COSMETICS or any of its associates in any manner.
7. Pricing
Information
CARE COSMETICS strives to provide accurate product
and pricing information, however errors may occur.
CARE COSMETICS cannot confirm the price of the
product until you make the order. Without limiting the generality of Clause 8
(Cancellations, Refunds and Returns) below, if a product / service is listed at
an incorrect price or with incorrect information due to any technical error, CARE
COSMETICS shall have the right, at its sole discretion, to refuse or cancel any
orders placed for that product/ service, unless the product has already been
delivered or the service has already been availed by you. In the event that an
item is wrongly priced, CARE COSMETICS may, at its discretion, either contact
you for instructions or cancel your order and notify you of such cancellation.
Unless the product ordered by you has been delivered and the services are
availed, your offer will not be deemed accepted and CARE COSMETICS will have
the right to modify the price of the product/ service and contact you for
further instructions using the e-mail address provided by you during the time
of registration or placing of order, or cancel the order and notify you of such
cancellation. In the event that CARE COSMETICS accepts your order the same
shall be debited to your credit card/ debit card account and duly notified to
you by email that the payment has been processed. The payment may be processed
prior to CARE COSMETICS’s dispatch of the product that you have ordered. If we
have to cancel the order after we have processed the payment, the said amount
will be reversed to your credit / debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS AND
SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR
NOTICE AND AT THE SOLE DISCRETION OF CARE COSMETICS. CARE COSMETICS may revise and cease to make
available any product/ services at anytime. In the event, CARE COSMETICS is
unable to deliver the product to you on time or at all, you will be notified by
an e-mail and your order will be automatically cancelled due to unavailability
of the product or at your instructions due to failure to deliver the product on
the expected time of delivery by our delivery partners. CARE COSMETICS shall
not be liable to pay for any damages in such an event owing to cancellation of
the order or delay in delivery.
8.
Cancellations, Refunds and Returns
Please refer to our Cancellation, Refunds
and Returns Policy provided on our Site.
9. Mode of
Payment
Payments for the products available on the Site may
be made in the following ways:
- Payments can be made by Credit Cards, Debit Cards, Net Banking,
Wallets, e-Gift cards, and reward points.
- Credit card, Debit Card and Net Banking payment options are instant
payment options and recommended to ensure faster processing of your order.
- COD mode of payment is available for all pin codes within India on all
orders. We do not ship internationally currently.
10.
Shipping and Delivery
Please refer to our Shipping and Delivery
Policy provided on our Site, as amended from time to time.
11. Call
Functionality
The Call Functionality has been provided to help
you with any and all Site related queries. Any use of this service shall be
subject to the following conditions:
- CARE COSMETICS may suspend the Call service at any time without
notice.
- CARE COSMETICS or its executives are not responsible for any delay
caused in attending to or replying to the queries via chat/call.
- Communication through Call may be stored by CARE COSMETICS for
future reference, and the user of such service will not have the right to
access such information at any future date.
- While calling' you may not communicate any objectionable
information i.e. unlawful, threatening, abusive, defamatory, obscene
information.
- The Call room shall not be used to sell any products, to give
suggestion on business opportunity or any other form of solicitation.
- You may proceed further and call with our online customer care
executive only if you agree to the above terms and conditions.
- You authorize Care Cosmetics, its group companies and business
associates to call, SMS, chat and email you in connection with your order
and order updates.
12. User
Content
The information, photo, image, chat communication,
text, software, data, music, sound, graphics, messages, videos or other
materials transmitted, uploaded, posted, emailed or otherwise made available to
us (" User Content "), are entirely your
responsibility and we will not be held responsible, in any manner whatsoever,
in connection to the User Content. You agree to not encourage or assist or
engage others as well as yourself in transmitting, hosting, displaying, uploading,
modifying, publishing transmitting, updating or sharing any information that
- belongs to another person and to which the user does not have any
right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene,
pornographic, paedophilic, libelous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, trolling, propoganda or
otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary
rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or
menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource;
- threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
CARE COSMETICS shall in no way be held responsible
for examining or evaluating User Content, nor does it assume any responsibility
or liability for the User Content. CARE COSMETICS does not endorse or control
the User Content transmitted or posted on the Site by you and therefore,
accuracy, integrity or quality of User Content is not guaranteed by CARE
COSMETICS. You understand that by using the Site, you may be exposed to User
Content that is offensive, indecent or objectionable to you. Under no
circumstances will CARE COSMETICS be liable in any way for any User Content,
including without limitation, for any errors or omissions in any User Content,
or for any loss or damage of any kind incurred by you as a result of the use of
any User Content transmitted, uploaded, posted, e-mailed or otherwise made
available via the Site. You hereby waive all rights to any claims against CARE
COSMETICS for any alleged or actual infringements of any proprietary rights,
rights of privacy and publicity, moral rights, and rights of attribution in
connection with User Content.
You hereby acknowledge that CARE COSMETICS has the
right (but not the obligation) in its sole discretion to refuse to post or
remove any User Content and further reserves the right to change, condense, or
delete any User Content. Without limiting the generality of the foregoing or
any other provision of these Terms and Conditions, CARE COSMETICS has the right
to remove any User Content that violates these Terms and Conditions or is
otherwise objectionable and further reserves the right to refuse service and/or
terminate accounts without prior notice for any users who violate these Terms
and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site
or in connection with our mobile applications, please contact us by email
at support@carecosmetics.com and
request you to include the following personal information in your deletion
request: first name, last name, user name/screen name (if applicable), email
address associated with our Site and/or mobile applications, your reason for
deleting the posting, and date(s) of posting(s) you wish to delete (if you have
it). We may not be able to process your deletion request if you are unable to
provide such information to us. Please allow up to 30 business days to process
your deletion request.
13.Intellectual
Property Rights
The "Care Cosmetics" name
and logo and all related product and service names, design marks and slogans
are the trademarks, logos or service marks (hereinafter referred to as "Marks" )
of CARE COSMETICS. All other Marks provided on the Site are the property of
their respective companies. No trademark or service mark license is granted in
connection with the materials contained on this Site. Access to this Site does
not authorize anyone to use any Marks in any manner. Marks displayed on this
Site, whether registered or unregistered, of CARE COSMETICS or others, are the
intellectual property of their respective owners, and CARE COSMETICS shall not
be held liable in any manner whatsoever for any unlawful, unauthorized use of
the Marks.
CARE COSMETICS and its suppliers and licensors
expressly and exclusively reserve all the intellectual property rights in all
text, programs, products, processes, technology, content, software and other
materials, which appear on this Site, including its looks and feel. The
compilation (meaning the collection, arrangement and assembly ) of the content
on the Site is the exclusive property of CARE COSMETICS and are protected by
the Indian copyright laws and International treaties. Consequently, the
materials on this Site shall not be copied, reproduced, duplicated,
republished, downloaded, posted, transmitted, distributed or modified in whole
or in part or in any other form whatsoever, except for your personal,
non-commercial use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any such downloading
or copying, reproducing, duplicating, republishing, posting, transmitting,
distributing or modifying.
All materials, including images, text,
illustrations, designs, icons, photographs, programs, music clips, downloads,
video clips and written and other materials that are part of this Site
(collectively, the "Contents " ) are intended solely
for personal, non-commercial use. You may download or copy the Contents and
other downloadable materials displayed on the Site for your personal use only.
We also grant you a limited, revocable, non-transferable, and non-exclusive license
to create a hyperlink to the home page of the Site for personal, non-commercial
use only. The Contents and software on this Site are to be used only as a
shopping resource. Any other use, including the reproduction, modification,
distribution, transmission, re-publication, display, or performance, of the
Contents on this Site is strictly prohibited. Unless CARE COSMETICS explicitly
provides to the contrary, all Contents are copyrighted, trademarked, trade
dressed and/or other intellectual property owned, controlled or licensed by CARE
COSMETICS, any of its affiliates or by third parties who have licensed their
materials to CARE COSMETICS and are protected by Indian copyright laws and
international treaties.
14. Limited
License
CARE COSMETICS grants you limited, non-exclusive,
non-transferable, non-sublicensable license to access, and make personal and
non commercial use of the Site. All rights not expressly granted to you in
these Terms of Use, are reserved and retained by the Site and its affiliates.
CARE COSMETICS reserves the right, at any time,
without notice, and at its sole discretion, to terminate your license to use
the Site and to block and prevent your future access the Site.
15.
Representations and Warranties
This Site is provided to you "AS IS". We
make no representations regarding the use of or the result of the use/depiction
of the Contents on the Site in terms of their correctness, accuracy,
reliability, or otherwise. CARE COSMETICS shall not be liable for any loss
suffered in any manner by the user as a result of depending directly or
indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is provided only on
the basis set out in the Terms of Use. Your uninterrupted access or use of this
Site on this basis may be prevented by certain factors outside our reasonable
control including, without limitation, the unavailability, inoperability or
interruption of the internet or other telecommunications services or as a
result of any maintenance or other service work carried out on this Site.
CARE COSMETICS shall have the right, at any time,
to change or discontinue any aspect or feature of the Site, including, but not
limited to, content, hours of availability and equipment needed for access or
use. Further, the Site may discontinue disseminating any portion of information
or category of information. CARE COSMETICS does not accept any responsibility
and will not be liable for any loss or damage whatsoever arising out of or in
connection with any ability/inability to access or to use the Site.
CARE COSMETICS through the Site intends to provide
its users with general information about beauty and healthcare topics and
products. The Site encourages its users to interact with CARE COSMETICS and its
employees by asking questions that enables the user to obtain information of a
general nature pertaining to beauty and healthcare topics. The postings on the
Site or on social networking sites, including the Site’s Facebook page, or any
information provided over chat or e-mails exchanged with CARE COSMETICS, its
employees or representatives (collectively referred to as " Information ")
which are in furtherance of any communication made by the user with CARE
COSMETICS, its employees or representatives is based on the background provided
by the user. The Information is not intended to constitute personal medical
suggestion or be used for any medical diagnosis or treatment. While CARE
COSMETICS takes reasonable care to ensure that the Information is accurate, CARE
COSMETICS makes no representation and takes no responsibility for the accuracy,
completeness, appropriateness or usefulness of the Information. For any
specific medical conditions or issues, users are advised to seek opinion from a
certified medical practitioner. In the event any user relies on the Information
provided by CARE COSMETICS or its representatives/ employees, he/she may do so
at its own risk. Under no circumstances will CARE COSMETICS, its employees,
representative or affiliates be liable for the Information or the consequences
of relying on such Information.
In keeping with CARE COSMETICS's objective of providing \its users with general
information about beauty and healthcare topics and products, CARE COSMETICS
engages experts having knowledge of in their respective fields (" Experts ")
to respond to queries posted by users. Any information provided by the Experts,
either over the Site, through e-mails, chat rooms or on social networking
sites, including the Site's facebook page (collectively referred to as
" Expert's Opinion ") is based on the Expert’s
personal opinion. The Expert's Opinion is not intended to constitute personal
medical suggestion or be used for any medical diagnosis or treatment. CARE
COSMETICS makes no representation and takes no responsibility for the accuracy,
completeness, appropriateness or usefulness of the Expert's Opinion. In case
any user relies on such Expert's Opinion, he/she may do so at its own risk.
Under no circumstances will the CARE COSMETICS, Company, its employees,
representative or affiliates be liable for such Expert's Opinion or for the
consequences of relying on such Expert's Opinion.
For any general information posted on the Site,
users must not infer or assume that such information necessarily applies to
them.
16.
Disclaimer of Warranty and Limitations of Liability
THE SITE IS PRESENTED "AS IS." NEITHER WE
NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS,
OR LICENSORS WILL 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
SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF
DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES,
SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF
THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY
INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE
CONTROL OF CARE COSMETICS. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT
DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW,
NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE
LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE
THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF,
OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT
BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM
OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE
SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER
OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of
this Terms of Use.
17. Links
and Third Party Sites
References on the Site to any names, marks,
products or services of third parties or hypertext links to third party sites
or information are provided solely as a convenience to you. This does not in
any way constitute or imply CARE COSMETICS endorsement, sponsorship or
recommendation of the third party, information, product or service or any
association and relationship between CARE COSMETICS and those third parties.
CARE COSMETICS is not responsible for the content
of any third party sites and does not make any representations regarding the
content or accuracy of material on such sites. If you decide to link to any
such third party websites, you do so entirely at your own risk. CARE COSMETICS
do not assume any responsibility for examining or evaluating the offerings of
the off-websites pages or any other websites linked from the Site. We shall not
be responsible 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 via
the Site.
18.
Termination
These Terms of Use are effective unless and until
terminated by either you or CARE COSMETICS.
You may terminate the Terms of Use at any time,
provided that you discontinue any further use of this Site. CARE COSMETICS may
terminate the Terms of Use at any time and may do so without notice, and
accordingly deny you access to the Site, such termination will be without any
liability to the Site.
Upon any termination of the Terms of Use by either
you or CARE COSMETICS, you must promptly destroy all materials downloaded or
otherwise obtained from this Site, as well as all copies of such materials,
whether made under the Terms of Use or otherwise. Any such termination of the
Terms of Use shall not cancel your obligation to pay for the product already
ordered from the Site or affect any liability that may have arisen under the
Terms of Use.
19.
Indemnity
You agree to defend, indemnify and hold harmless CARE
COSMETICS, its employees, directors, officers, agents and their successors and
assigns, its holding, subsidiaries, affiliates, partners, or licensors from and
against any and all claims, liabilities, damages, losses, costs and expenses,
including attorney's fees, caused by or arising out of claims based upon your
actions or inactions, which may result in any loss or liability to CARE
COSMETICS or any third party including but not limited to breach of any
warranties, representations or undertakings or in relation to the
non-fulfillment of any of your obligations under the Terms of Use, or arising
out of the your violation of any applicable laws, regulations including but not
limited to Intellectual Property Rights, payment of statutory dues and taxes,
claim of libel, defamation, violation of rights of privacy or publicity, loss
of service by other subscribers and infringement of intellectual property or
other rights. This clause shall survive the expiry or termination of the Terms
of Use.
20.
Governing Law and Jurisdiction
The Terms of Use and the Policies shall be
construed in accordance with the applicable laws of India. For proceedings
arising therein the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation
or otherwise, of the Terms of Use and other Policies on the Site, between the
parties hereto, shall be referred to an independent arbitrator who will be
appointed by mutually and his decision shall be final and binding on the
parties hereto. The above arbitration shall be in accordance with the
Arbitration and Conciliation Act, 1996 as amended from time to time. The seat
and venue of arbitration shall be held in Mumbai.
Without any prejudice to particulars listed in
Clause 12 above, CARE COSMETICS shall have the right to seek and obtain any
injunctive, provisional or interim relief from any court of competent
jurisdiction to protect its trade-mark or other intellectual property rights or
confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India,
International arbitration rules of Indian Arbitration and Conciliation Act 1996
shall apply. The seat and venue of international arbitration shall be Mumbai.
21. Site
Security
You are prohibited from violating or attempting to
violate the security of the Site, including, without limitation,
- accessing data not intended for you or logging onto a server or an
account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization;
- attempting to interfere with service to any other user, host or
network, including, without limitation, via means of submitting a virus to
the Site, overloading, "flooding," "spamming,"
"mail bombing" or "crashing;"
- sending unsolicited email, including promotions and/or advertising
of products or services; or
- forging any header or any part of the header information in any
email or newsgroup posting. Violations of system or network security may
result in civil or criminal liability
CARE COSMETICS is entitled to investigate
occurrences that may involve such violations and may involve, and co-operate
with, law enforcement authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of this Site or any activity
being conducted on this Site. You agree, further, not to use or attempt to use
any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and search agents
available from CARE COSMETICS on this Site and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
22. Entire
Agreement
If any part of these Terms of Use 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 to be superseded by
a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Terms of Use shall continue to be
in effect. Unless otherwise specified herein, these Terms of Use constitutes
the entire agreement between you and CARE COSMETICS with respect to the
Site/services and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written.
CARE COSMETICS's failure to act with respect to a
breach by you or others does not waive its right to act with respect to the
breach or subsequent and similar breaches.
23. General
You acknowledge and hereby agree to these Terms and
Conditions and that it constitute the complete and exclusive agreement between
us concerning your use of the Site, and supersede and govern all prior
proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to
change/ alter/ modify these Terms and Conditions at any time by posting the
changes on the Site. Any changes are effective immediately upon posting to the
Site. Your continued use of the Site thereafter constitutes your agreement to
all such changed Terms and Conditions. We may, with or without prior notice,
terminate any of the rights granted by these Terms and Conditions. You shall
comply immediately with any termination or other notice, including, as applicable,
by ceasing all use of the Site.
Nothing contained in these Terms and Conditions
shall be construed as creating any agency, partnership, affiliation, joint
venture or other form of joint enterprise between us. Our failure to require
your performance of any provision hereof shall not affect our full right to
require such performance at any time thereafter, nor shall our waiver of a
breach of any provision hereof be taken or held to be a waiver of the provision
itself. In the event that any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or invalid
as a whole but these Terms and Conditions shall be modified, to the extent
possible, by the adjudicating entity to most fully reflect the original intent
of the parties as reflected in the original provision. The headings in the
Terms and Conditions are for convenience only and shall not be used in its
interpretation.
If you have any questions regarding these Terms and
Conditions, please email us at support@carecosmetics.com
25. CONTACT
INFORMATION:
Customer Service Desk
E-mail id: support@carecosmetics.com
Contact Days: Monday to Saturday (8:00 a.m. to
10:00 p.m.)
Sunday (10.00 a.m. to 7.00 p.m.)