Terms and Conditions
This document is an electronic record in
terms of information technology act, 2000 and rules there under as applicable
and the amended provisions pertaining to electronic records in various statutes
as amended by the information technology act, 2000. This electronic record is
generated by a computer system and does not require any physical or digital
signatures. Welcome to the EcstaCBeauty!
EcstaCBeauty provides the content and
services available on this website to you subject to the following Terms and
Conditions, our Privacy Policy, Payment Policy and other terms and conditions
and policies which you may find throughout our website in connection with
certain functionality, features or promotions as well as customer service, all
of which are deemed a part of and included within these terms and conditions.
By accessing or using this website, you are acknowledging that you have read,
understood, and you agree, without limitation or qualification, to be bound by
these Terms and Conditions in this Agreement, so please read this carefully
before proceeding.
Privacy
Please review our privacy-policy so that
you may understand our privacy practices.
Payment Policy
Please see our Payment Policy to understand
the purchase processes of our products.
Products and services for personal use
The products and services described on this
website, 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. 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.
Intellectual Property
All information and content available on
the website and its look and feel, including but not limited to trademarks,
logos, service marks, text, graphics, logos, button icons, images, audio clips,
data compilations and software, and the compilation and organization thereof
(collectively, the “Content”) is the property of EcstaCBeauty, our Affiliates,
partners or licensors, and is protected by laws of India, including laws
governing all applicable forms of intellectual property.
Except as set forth in the limited licenses
in Section 6, or as required under applicable law, neither the Content nor any
portion of this website may be used, reproduced, duplicated, copied, sold,
resold, accessed, modified, or otherwise exploited, in whole or in part, for
any purpose without our express, prior written consent.
Your Obligations and Responsibilities
In the access or use of the EcstaCBeauty
website, you shall comply with these Terms and Conditions and the special
warnings or instructions for access or use posted on the website. You shall act
always in accordance with the law, custom and in good faith. You may not make
any change or alteration to the website or any Content or services that may
appear on this website and may not impair in any way the integrity or operation
of the website. Without limiting the generality of any other provision of these
Terms and Conditions, if you default negligently or willfully in any of the
obligations set forth in these Terms and Conditions, you shall be liable for
all the losses and damages that this may cause to EcstaCBeauty, our Affiliates,
partners or licensors.
Special Features, Functionality and
Events
EcstaCBeauty may offer certain special
features and functionality or events (such as contests, promotions or other
offerings) which may (a) be subject to terms of use, rules and/or policies in
addition to or in lieu of these Terms and Conditions; and (b) be offered by us
or by third parties. If so, we will notify you of this and if you choose to
take advantage of these offerings, you agree that your use of those offerings
will be subject to such additional or separate terms of use, rules and/or
policies.
User Content
When you transmit, upload, post, e-mail or
otherwise make available data, text, software, music, sound, photographs,
graphics, images, videos, messages or other materials (“User Content”) on the
website, you are entirely responsible for such User Content. Such User Content
constitutes a Submission under Section 10 above. This means that all third
parties, and not we, are entirely responsible for all User Content that they
post to the website. You agree not to engage in or assist or encourage others
to engage in transmitting, uploading, posting, e-mailing or otherwise making
available on the website User Content that (a) is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
pornographic, libellous, invasive of another’s privacy, hateful, or racially,
ethnically or otherwise objectionable; (b) you do not have a right to make
available under any law or under contractual or fiduciary relationships; (c) is
known by you to be false, inaccurate or misleading; (d) you were compensated
for or granted any consideration by any third party; or (e) infringes any
patent, trademark, trade secret, copyright or other proprietary and/or
intellectual property rights of any party. In addition, you agree not to
transmit, upload, post, e-mail, or otherwise make available any software
viruses, unsolicited or unauthorized advertising, solicitation or promotional
material, including chain letters, mass mailings, or any form of “spam”. You
further agree not to (i) impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with any person or entity; (ii) “stalk”
or otherwise harass including advocating harassment of another, entrap or harm
any third party including harming minors in any way; (iii) forge headers or
otherwise manipulate identifiers in order to disguise the origin of any User
Content; (iv) intentionally or unintentionally violate any applicable local,
state, national or international law; or (v) collect or store personally
identifiable data about other users.
We do not endorse or control the User
Content transmitted or posted on the EcstaCBeauty website and therefore, we do
not guarantee the accuracy, integrity or quality of User Content. You
understand that by using this website, you may be exposed to User Content that
is offensive, indecent or objectionable to you. Under no circumstances will we
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 website.
You acknowledge that we have the right (but
not the obligation) in our sole discretion to refuse to post or remove any User
Content and we reserve 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, we have the right to remove any User
Content that violates these Terms and Conditions or is otherwise objectionable
and we reserve the right to refuse service without prior notice for any users
who violate these Terms and Conditions or infringe the rights of others.
Accuracy of Information
We attempt to be as accurate as possible
when describing our products on the website. However, except to the extent
implied by applicable law, we do not warrant that the product descriptions, colors,
information or other content available on the website are accurate, complete,
reliable, current, or error-free.
Limited Licenses
We grant you a limited, revocable, and
non-exclusive license to access and make personal use of EcstaCBeauty website.
This limited license does not include the right to: (a) frame or utilize
framing techniques to enclose the website or any portion thereof; (b)
republish, redistribute, transmit, sell, license or download the website or any
and/or all Content (except caching or as necessary to view the website); (c)
make any use of the website or any and/or all Content other than personal use;
(d) modify, reverse engineer or create any derivative works based upon either
the website or any and/or all Content; (e) collect account information for the benefit
of yourself or another party; (f) use any meta tags or any other “hidden text”
utilizing any and/or all Content; or (g) 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.
You must retain, without modification, all proprietary notices on the website
or affixed to or contained in the website.
We also grant you a limited, revocable, and
nonexclusive license to create a hyperlink to the home page of the website for
personal, non-commercial use only. A website that links to the website (i) may
link to, but not replicate, any and/or all of our Content; (ii) may not imply
that we are endorsing such website or its services or products; (iii) may not
misrepresent its relationship with us; (iv) may not contain content that could
be construed as distasteful, obscene, offensive controversial or illegal or
inappropriate for any ages; (v) may 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) may not link to any page of the website other than the home page. We may,
in our sole discretion, request that you remove any link to the website, 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.
Any unauthorized use by you of the EcstaCBeauty
website or any and/or all of our Content automatically terminates the limited
licenses set forth in this Section without prejudice to any other remedy
provided by applicable law or these Terms and Conditions.
Third Party Links
We are not responsible for the content of
any off-website pages or any other websites linked to or from the EcstaCBeauty
website. Links appearing on this website are for convenience only and are not
an endorsement by us, our affiliates or our partners of the referenced content,
product, service, or supplier. You’re linking to or from any off-website pages
or other websites is at your own risk. We are in no way responsible for
examining or evaluating, and we do 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.
Submissions
It is our policy to decline unsolicited
suggestions and ideas. Notwithstanding our policy with regard to unsolicited
suggestions and ideas, any inquiries, feedback, suggestions, ideas or other
information you provide us (collectively, “Submissions”) will be treated as
non-proprietary and non-confidential. Subject to the terms of our Privacy
Policy, by transmitting or posting any Submission, you hereby grant us the
right to copy, use, reproduce, modify, adapt, translate, publish, license,
distribute, sell or assign the Submission in any way as we see fit, including
but not limited to copying in whole or in part, creating derivative works from,
distributing and displaying any Submission in any form, media, or technology,
whether now known or hereafter developed, alone or as part of other works, or
using the Submission within or in connection with our products or services. You
also acknowledge that your Submission will not be returned and we may use your
Submission, and any ideas, concepts or know how contained therein, without
payment of money or any other form of consideration, for any purpose including,
without limitation, developing, manufacturing, distributing and marketing
products.
If you make a Submission, you represent and
warrant that you own or otherwise control the rights to your Submission. You
further represent and warrant that such Submission does not constitute or
contain software viruses, commercial solicitation, chain letters, mass
mailings, or any form of “spam”. You may not use a false email address,
impersonate any person or entity, or otherwise mislead us as to the origin of
any Submission. You agree to indemnify us for all claims arising from or in
connection with any claims to any rights in any Submission or any damages
arising from any Submission.
Copyright Complaints
We respect the intellectual property of
others. If you believe that copyrighted materials have been copied in a way that
constitutes copyright infringement, please send an email or written notice to
us for notices of infringement and provide the following: (i) identification of
the copyrighted work(s) that you claim has been infringed and that you are the
copyright owner or authorized to act on the copyright owner’s behalf; (ii) a
description of the material that you claim is infringing and the location of
the material on the website; (iii) your address, telephone number and email
address to: info@ecstacbeauty.com
Note: The above contact information is
provided exclusively for notifying EcstaCBeauty that copyrighted material may
have been infringed. All other inquiries will not receive a response through
this process and should be directed to our customer service group.
Representations and Warranties and
Limitation of Liability
EcstaCBeauty website is presented “As Is”.
We make no representations or warranties of any kind whatsoever, express or
implied, in connection with these terms and conditions or the site, 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, we 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 site; (c) data non-delivery, mis-delivery, 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 website; (e) computer
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 our
reasonable control.
EcstaCBeauty personal care products are
based on natural and ayurvedic formulations. Though enormous efforts are made
and precautions taken to render the products absolutely safe for human use, it
is possible that certain ingredients may cause allergic reactions to certain
individuals or adversely affect individuals with pre-existing medical
conditions. Please make yourself aware of the ingredients and usage
instructions accompanying each of our products to make sure that they are safe
for you to use. It will be your sole responsibility to take proper precaution/
professional medical/ dermatological advice before using any of our personal
care products that you may be allergic to. You agree that EcstaCBeauty will not
be responsible or liable for any product related issues including without
limitation any allergic reactions to you on account of usage of our products.
For any purchases made through EcstaCBeauty, you will inter alia be governed by
the limitation of liability and disclaimer conditions provided in more detail
with the product packaging/leaflets.
Further, to the fullest extent permitted by
law, we will not be liable for any indirect, special, punitive, incidental, or
consequential damages of any kind (including lost profits) related to the
website 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 Indian Rupees 2000 only.
You agree that no claims or action arising
out of, or related to, the use of the website 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.
Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of EcstaCBeauty or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Disputes
With respect to any dispute regarding the
website, all rights and obligations and all actions contemplated by these Terms
and Conditions shall be governed by the laws of India and the courts of Kolkata,West
Bengal, India, as if the Terms and Conditions were a contract wholly entered
into and wholly performed within Kolkata,West Bengal, India, subject to foreign
legal mandatory provisions. To the fullest extent permitted by applicable law,
any dispute, differences or claim arising out of your visit to the EcstaCBeauty
website shall be referred to the sole Arbitrator appointed by the Chairman and
Managing Director of EcstaCBeauty in accordance with the law. The venue of such
arbitration shall be at Kolkata,West Bengal, India and the award of the
Arbitrator shall be final and binding on all parties and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under these Terms and Conditions
shall be joined to an arbitration involving any other party subject to this
Terms and Conditions, whether through class arbitration proceedings or
otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in Kolkata,West Bengal, India is, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
Consent to receive notices
electronically by posting on the website and via email
You consent to receive any agreements,
notices, disclosures and other communications (collectively, “Notices”) to
which these Terms and Conditions refer from us electronically including without
limitation by email or by posting notices on this website. You agree that all
Notices that we provide to you electronically satisfy any legal requirement
that such communications be in writing in English. To withdraw your consent to
receive Notices electronically, you must notify us of your withdrawal of such
consent by emailing us at: info@ecstacbeauty.com and discontinue your use of
this website. In such event, all rights granted to you pursuant to these Terms
and Conditions, including but not limited to the limited licenses set forth in
Section 6 hereof, shall automatically terminate. Unfortunately, we cannot
provide the benefits of this website to any user that cannot consent to receipt
of Notices electronically.
Please note that this consent to receive
Notices is entirely separate from any election you may make with respect to
receipt of marketing communications. Your options with respect to receipt of
marketing communications are set forth in our Privacy Policy.
General
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.
We reserve the right, in our sole discretion,
to change these Terms and Conditions at any time by posting the changes on the
website and providing notice of such change. Any changes are effective
immediately upon posting to the Site and release of notice of such change. Your
continued use of the website 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 website.
Nothing contained in these Terms and
Conditions shall be construed as creating any agency, partnership, 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.
If you have any questions regarding these
Terms and Conditions, please email us at: info@ecstacbeauty.com
Worldwide Copyright © EcstaCBeauty (brand owners EcstaCBeauty). All worldwide rights reserved.