TERMS AND CONDITIONS
YOU UNDERSTAND THAT BY USING THE APPLICATION/ WEBSITE, YOU AGREE TO BE BOUND BY THE PREVALENT TERMS. PEOPLE UNDER THE AGE OF 18 YEARS, OR SUCH OTHER AGE AS MAY BE PRESCRIBED BY LAW FOR MINORS, SHALL USE THE APPLICATION/ WEBSITE UNDER THE GUIDANCE OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE APPLICATION/ WEBSITE.
The Application/ Website is an online platform/ mobile application meant to provide beauty care and related products and/ or services. This document contains the various terms and conditions that must be adhered to in order to use and interact with the application/ website.
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services and products are proprietary property of the Application/ Website (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from us and nothing on this Application or Website or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to us, to the User.
- The products and services described on the Site, 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, without taking a written permission from us. 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.
- We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available for sale on our application/ website from time to time. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. Since the products are handmade, there may be slight variation in the product as displayed and as delivered, for which we are not liable. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
- All purchases made on our application/ website may be done through the modes made available for the said purpose on our application/ website. You agree to pay all charges at the prices then in effect for your Purchases and any applicable taxes, and shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We shall not be responsible for any errors by the payment processor.
- All sales are final and no refund will be issued or exchange allowed under any circumstances. We reserve the right to refuse any order placed through the Site, in which case a refund will be issued for the amount already paid by you. We may, in our sole discretion, limit or cancel quantities purchased.
- Orders will be dispatched within a period of 2-5 business days. Shipping will be carried out through our shipping and delivery partner, the details of which, including tracking details, will be shared with you over e-mail or through text message. Shipping charges shall be levied as per the rates specified on the Website/ Application.
- 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.
- In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, we disclaim any responsibility for any errors and accuracy of the information that may be contained in the Website/ Application.
- We grant you a personal, limited, non-exclusive license to use and access our content, material and data as made available on our application/ website/ services subject to these Terms. However, we may limit or terminate your license to access our application/ website/ services at any time and for any reason without any notice. Unless otherwise provided hereunder, we have the absolute right, but not the obligation, to remove any content on our application/ website/ services. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise. Except as expressly provided in these Terms, this license will not confer any right on you to use automated technology to copy or post content available on our application/ website/ platform for the purpose of making derivative works.
- You agree that by submitting, posting, or displaying Your Content (name, comment, review, etc.) on our application/ website/ platform, you grant us and our affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use your Content in connection with the operation or use of our application/ website/ platform or the promotion, advertising or marketing of our application/ website/ platform or of our business partners’.
- You shall not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/products.
- You agree not to use the Application/ Website to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content; (f) post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; (g) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (h) make available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (i) violate any of the terms specified under the Terms for the use of the Application /Website/Services/products; (j) make available any content that is harmful to children, 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 the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, impersonates another person, 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 cognisable offence or prevents investigation of any offence or is insulting other nation, is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. You agree not to use the Site or Mobile Application to send any message that is unlawful, libellous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Us in our sole discretion.
- Any substance downloaded or generally got through the utilization of our Resources is done at your own particular attentiveness and hazard, and that you are singularly in charge of any harm to your PC or different gadgets for any loss of information that may come about because of the download of such substance.
- You agree to defend, indemnify and hold harmless Aumaura, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Application/Website/ Services; (ii) Your violation of any term of these Terms or any other policy of Aumaura; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
- In no event shall the Application/ Website, its officers, directors, employees, partners, affiliates, or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application/ Website. In no event shall our total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed INR 2,000/-.
- Any violation by You of the terms of the terms may result in immediate suspension or termination of your use of the Website/Application apart from any legal remedy that We may avail including an adequate remedy in money or damages. Violation of these terms could also result in civil or criminal liability under applicable laws.
- Any unlawful information stored, posted, published by you on our application/ website/ platform, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, is liable to be deleted with immediate effect upon receiving actual knowledge with respect thereto from a court of competent jurisdiction or on being notified by the Appropriate Government (as defined under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
- DISCLAIMER: THIS APPLICATION/ WEBSITE, THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE/ APPLICATION, PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE PRODUCTS OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION OR THE SERVICES/PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT THE PRODUCTS/ SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
- All notices served by Us shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to Us should be sent to firstname.lastname@example.org.
- You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Our rights under the Terms however are freely transferable to any third parties without the requirement of seeking Your consent.
- We shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, epidemics, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by the Application/ Website may be deferred for a period equal to the time of such delay.
- If, for any reason, a court of competent jurisdiction finds any provision of the Terms, 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 shall continue in full force and effect.
- Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Any failure by us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by it of that provision or right.
- We are not liable for any infringement of intellectual property arising out of the material posted on, or transmitted through, or advertised on our application/ website, by users or any third party.
- We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at email@example.com.
- To use our resources and services, you might be required to provide certain information such as name, email, phone number, contact details, photograph, etc. You agree that any information you provide will always be accurate, correct, and up to date.
- The said information collected from the users could be categorized as “Personal Information”, or “Sensitive Personal Information”. Personal Information and Sensitive Personal Information (each as individually defined under this Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Data Protection Rules”)) shall collectively be referred to as ‘Information’ in this Policy. We may use the Information to contact you from time to time, to provide you with the Services, important information, required notices and marketing promotions. We will ask you when we need more information that personally identifies you (personal information) or allows us to contact you.
- We may use the Information to contact you from time to time, to provide you with the Services, important information, required notices and marketing promotions. We will ask you when we need more information that personally identifies you (personal information) or allows us to contact you.
- In addition, the Application/products/services may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application/services/products. As is true of most Mobile applications, we also collect other relevant information as per the permissions that you provide.
- We may use the information we collect from you to enable you to post on the application/ website, surf the application, use certain features of the application/ website, to personalise user experience, to improve our application/ website in order to serve you better, to send periodic emails, communications, comply with law, prevent misuse, etc.
- We are committed to protecting and ensuring your privacy. The website is hosted with third party data hosting specialists. Information collected is kept on servers owned and managed by data hosting companies, which may be in India or overseas. The said companies have data security processes in place. However, Aumaura is not liable for any data theft or breach of security at the data centers hosting the website and holding consumer data.
- We do not sell, trade, or otherwise transfer to outside parties, your information, without your consent. However, we may share your information with third-party service providers who may use this information for providing their services to us, including hosting providers, auditors, advisors, consultants, customer support, etc. The information collected may also be accessed or shared with our affiliates, or on account of business transfers/ acquisitions, merger, etc.
- We may include or offer third party links, services/ products on our application/ website as a part of using our services or resource or otherwise. These third party sites/ services will have their independent terms and privacy policies and you must go through the same for information about their practices. We therefore have no liability or responsibility for the content, activities of these sites.
- We will keep your information as long as it remains necessary for the identified purpose(s) for which it was originally collected, or as otherwise permitted or required by law, including but not limited to mandatory data retention laws in the relevant jurisdiction, government orders, or legal proceedings/ orders.
- Payment information that is collected by us and/or our payment processor is used to check your purchasing qualifications and to bill you for products and services. When you place an order online with us, your personal details and credit card information are scrambled using industry-standard SSL (Secure Sockets Layer) encryption technology before being sent over the Internet. We do not guarantee encryption or the privacy of your personal details and credit card information, and are not liable for the same.
- Where applicable under local laws, you may, in accordance with such laws, ask us to allow access to your information stored by us; correct, erase, delete your information, where appropriate; restrict processing of your information; or withdraw consent at any time when the processing relies upon your consent. In case a request for accessing information is made, the same may be made available on payment of a reasonable fee. We may also require further information from you to confirm your identity prior to providing the information requested.
- We do not knowingly collect information from minors. Minors are only allowed to use our application/ website/ services in terms of the Terms and Conditions.
- We may alert you by email or phone (through SMS/ call) to inform you about new product offerings or other information which we feel might be useful for you.
- By registering with us, you are expressly consenting to our collection, processing, storing, disclosing and handling of your information as set forth in this Policy now and as amended by us. Processing, your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring and disclosing information, all of which activities will take place in India, or elsewhere and may be subject to the laws of that jurisdiction.