Welcome to www.gushbeauty.com, an e-commerce and content website that provides information, services and any other features, tools, applications and materials by Gush Beauty, headquartered at _____________________ .
These services ( referred to henceforth as “Service/Services” ) are provided by Gush Beauty in connection with its business, on the aforesaid website ( referred to henceforth as “Website” ).
By completing the registration process and/or using and/or visiting the Website (including all content available through Website) You signify your irrevocable and unconditional assent to all these Terms and Conditions (the "Terms of Service" or “Terms and Conditions”) herein. If You do not agree to any of these Terms and Conditions, then please do not use the Website.
The terms "You", “Your” and "User" as used herein refer to all individuals and/or entities accessing the Website for any reason whatsoever. In general, You can browse the Website without telling Gush Beauty who You are or revealing any personal information about yourself. Once You give your personal information to Gush Beauty, You are not anonymous to Gush Beauty .
- Eligibility and Obligations
- You must be 18 years or older to use this Service. By visiting the Websites, You represent and warrant to Gush Beauty that You are 18 years of age or older. If You are under the age of 18 or applicable legal age in Your jurisdiction, You can use the Services only under the supervision of, Your parent and/or guardian who has agreed to the Terms of Service.
- You must provide true, correct, legal and valid information when requested, including at the time of using the said Services.
iii. By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into the terms contained herein (“Agreement”) and that You are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining You from abiding by the Terms and Conditions of this Agreement or from using the said Services.
- If you are not a resident Indian, you may access, use and avail of the Service / access the Website only to the extent that the laws of India and those of Your country permit You to do so.
- Each User login (as and when applicable) may only be used by the person who has registered for and was provided that login, or by Your authorized representative or agent having express consent to do so from You. You shall be solely responsible for any acts, actions committed by any such authorized representative. A single login shared by multiple people or multiple profiles used by a single User, is not permitted, unless authorized to do so by Gush Beauty.
- Multiple profiles of the same person shall not be allowed on the Website. Gush Beauty reserves the right to deactivate all multiple profiles without any prior notice at the discretion of Gush Beauty, without assigning any reason for such action.
vii. You are responsible for maintaining the security of Your account, Your material and Your password. Gush Beauty cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You are not authorized to share Your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may result in disabling the account and Services. You agree to immediately notify Gush Beauty of any unauthorized use of Your account, identity, personal information and passwords.
viii. You shall not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any applicable laws (including but not limited to copyright laws and information technology laws).
- Illegal and/or unauthorized use of Website, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Inappropriate use may result in You being prevented from using Services and appropriate legal action may also be taken for any unauthorized use of Website.
- The products and services described on the Website, and any samples thereof Gush Beauty may provide to You, are for personal use only. You shall not sell or resell any of the products or services, or samples which are received by You from Gush Beauty. Gush Beauty reserves the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to You that it believes, in its sole discretion, may result in the violation of these Terms of Services.
- Gush Beauty is not responsible for material submitted to Website or posted to the Website by Users. Gush Beauty may not pre-screen, monitor, review or edit the Contributions/ contents posted by Users. However, Gush Beauty and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Contributions/contents, in whole or part, that in their judgment does not comply with these Terms of Service or is otherwise undesirable, inappropriate, illegal or inaccurate. Gush Beauty is not responsible for any failure, non-failure or delay in removing such Contributions/contents. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contributions or part thereof, or other communication to Website and Gush Beauty. You agree to immediately notify Gush Beauty of any unauthorized use of the Service or any other breach of security that is in contradiction of these Terms of Service or generally, that You know or suspect.
xii. If any information provided by You intentionally or unintentionally is untrue, inaccurate, not current or incomplete, Gush Beauty reserves the right to reject any of Your contributions and contents and to terminate Your right to use the Website and refuse any and all current or future use of the Services.
xiii. You understand and agree that Gush Beauty has the right to disclose Your personal information contained in Your registration application and/or give third parties access to Your personal information. By registering with the Website You have authorized Gush Beauty to disclose Your personal information to any third party, including but not limited to Your name, address, e-mail address or telephone number, for the purpose of enhancing your user experience.
xiv. Gush Beauty reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter; such offers may be made by Gush Beauty or by third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms of Services, Gush Beauty does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Websites, and does not make any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of the said services and/or products, under the terms agreed to by the provider.
- You agree that You must evaluate and solely bear all risks associated with the use or posting of any contents whatsoever, including any reliance on the content, integrity and accuracy of such content.
xvi. You shall not access the Website and operate on any fake e-mail ID for the purpose of gaining access to the Website.
- General Terms and Conditions
Gush Beauty may change the Terms of Service from time to time and at any time, without providing any notice to You. All such changes to these Terms of Service will appear on the Website. By using the Website after Gush Beauty has introduced any changes to the Terms of Service, You automatically agree to the aforesaid changes. If at any time You choose not to accept the Terms of Services, please do not use the Website. Participation in any contest and/ or game on the Site conducted by Gush Beauty shall be subject to such further terms and conditions as may be notified by Gush Beauty from time to time on the Website or otherwise.
- Description of Services
- Gush Beauty provides Users with a variety of online services, including but not limited to:
- Offering personal care products and cosmetic products;
iii. Gush Beauty attempts to be as accurate as possible when describing its products on the Website. However, except to the extent implied by applicable law, Gush Beauty does not warrant that the product descriptions, colours, information or other contents available on the Website are accurate, complete, reliable, current, or error-free.
- Contests and Rewards
- Gush Beauty may organize various contests / promotions for the User of the Website. The User participating in the contest / promotional offers might stand to win the aforesaid contests or avail the offers. As per the terms of the respective contest or promotion, Gush Beauty may give prizes to the winners of the contest or promotion. Gush Beauty reserves the right in its own discretion to select the winner or User eligible to be awarded the prizes, and which decision shall be full, final and binding on the participants. The award or offer given away by Gush Beauty is neither transferable nor can be converted into cash. The winner will be notified by Gush Beauty and only the participating User shall be eligible to claim the prizes from Gush Beauty.
- The award or offer of prizes will be non-transferable, non-negotiable, subject to availability and there will be no cash alternatives. Gush Beauty reserves the right to substitute awards or offers of equal or greater value, at any time.
iii. Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time to time, arising out of the prizes, shall be solely borne by the winners for their respective prizes.
- You agree that Gush Beauty owns and retains all rights to the Services. You further agree that the content You access and view as part of the Services is owned or controlled by Gush Beauty and or its licensors. The Services and the content are protected by copyright, trademark, and other intellectual property laws.
- You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content or any digital rights management mechanism, device, or other content protection or access control measure associated with the content including geo-filtering mechanisms. Further, You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the content or create any derivative work and/or material based on the content.
iii. You agree that Your use of the Services and the content may give You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the content You access and view as part of the Service, including without limitation, download the content by illegal/non-permitted means, or infringe any of the copyright, trademark and other intellectual property including any rights of Gush Beauty or its licensors subsisting in the content. You further agree that You will not copy/record any of the content You access and view as part of the Services, for any purpose, and/or copy/record any content including video, images etc., by using any means including software, spyware, etc. for any purpose whatsoever.
- Your Material
Your profile, data, comments, suggestions, ideas, concepts, etc. shall be collectively referred to as "Your Material". Gush Beauty claims no intellectual property rights over Your material which You may provide to the Service other than as set out hereunder.
- By providing or submitting Your Material, You are allowing Gush Beauty to host this material on its servers and display it to You and other Users of the Website without any limitation other than those imposed by Gush Beauty. You cannot post, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You are solely responsible for Your Material which is transmitted, posted, or distributed by You through the Service, including but not limited to the contents of Your e-mail communications, information, personal contact details, photos or images posted by You or posted to Your Profile Page and information, photos, images, sound files or Your Material posted by You in a forum or other page.
iii. By posting Your Material, You warrant and represent that:
You own or otherwise have all rights necessary for You to post Your Material and grant the rights described above; Your Material does not contain any viruses, worms, spyware, or other components or instructions that are unlawful, malicious, deceptive, or designed to limit or harm the functionality of a computers' hardware, software, and services, including but not limited to the those belonging to Gush Beauty ; You will not submit content that violates any copyright or other third party proprietary rights; You will not submit content that is in breach of any other contractual commitment; and Your Material does not and shall not contain the following ("Unacceptable Content"). The list below is for illustration purposes only and is not a complete list of all Unacceptable Content: is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses, incites harassment or advocates harassment of another group or individual; involves the transmission of "junk mail", "chain letters," unsolicited mass mailing or "spamming"; contains or promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, vulgar, defamatory or libelous; unlawful, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; contains restricted or password only access pages, or hidden pages or images; displays or links to pornographic, indecent or sexually explicit material of any kind; provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone in a manner other than authorized under law; or provides instructional information about illegal activities or other activities prohibited by the Terms of Services, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and soliciting passwords or personal identifying information from other Users; any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- Gush Beauty does not pre-screen Your Material or content, but Gush Beauty and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any of Your Material or content that is available via the Service.
- If, in the sole and exclusive discretion of Gush Beauty, Your Material contains Unacceptable Content, then Gush Beauty may also terminate Your access to the Service.
- Gush Beauty does not own or control the content posted by Users via the Service and does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Gush Beauty be liable in any way for any content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed or otherwise transmitted via the Service.
vii. The User further agrees that any communication between the User and Gush Beauty, including the User’s personal information shall be deemed not to be confidential.
viii. All liability, whether civil or criminal arising out of Your Material that is posted on the Website will be of that User / third party who has posted such Content and Gush Beauty reserves its right to claim damages from such user / third party that it may suffer, as a result of such content being posted on the Website.
- Gush Beauty has the right to suspend Your profile without any prior notice.
- Gush Beauty reserves the right to edit/delete Your Material if it is not valid/clear/related or as per the specifications of Gush Beauty .
- Messages sent or Users/third parties contacting other Users/third party after accessing the contact details through the Website should be only for the legal purpose.
xii. Gush Beauty appreciates hearing from its Users and welcomes Your comments regarding the Services and the Website. Please be advised, however, that Gush Beauty’s policy does not permit it to accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. While Gush Beauty values Your feedback on the Services, please be specific in Your comments regarding the Services and do not submit creative ideas, inventions, suggestions, or materials. If, despite Gush Beauty’s request, You send creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submissions"), the Submissions shall be the property of Gush Beauty. None of the Submissions shall be subject to any obligation of confidentiality on part of Gush Beauty and Gush Beauty shall not be liable for any use or disclosure of any Submissions. Gush Beauty shall own exclusively all now known or later discovered rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submissions.
- User's Grant of Limited License
- Gush Beauty does not claim any permanent ownership of Your Material and/or contents You submit on the Website. You grant Gush Beauty a limited license, to display Your Material royalty-free, in an unrestricted, irrevocable, sub-licensable (through multiple tiers) and non-exclusive (including any moral rights) manner, world-wide, on the Website, in any search results, and to use, copy, publicly perform, digitally perform, publicly display and distribute and disclose Your Material to other Users and to prepare derivative works of or incorporate into other works, Your Material and to otherwise exploit the same for commercial or other purposes. As such, under this limited license, You allow and authorize Gush Beauty to reproduce, modify, publish, translate, distribute, perform and display Your Material (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating a Your Material, in whole or in part, into a feature or in promotional or marketing materials (attributed properly to the User). User grants Gush Beauty the right to use User’s name in connection with the submitted materials and other information as well as in connection with any and all advertising, marketing and promotional material related thereto.
- You also hereby grant each User of the Service a non-exclusive license to access Your Material through the Service. You understand and agree, however, that Gush Beauty may retain, but not display, distribute, or perform, server copies of Your Material that have been removed or deleted.
iii. You further agree that any material You submit to the Service will not contain third party copyrighted material, or material including personal information such as address, telephone number, fax, e-mail etc., that is subject to third party proprietary rights, unless You have permission from the rightful owner of the material or You are otherwise legally entitled to post the material and to grant Gush Beauty all of the license rights granted herein. You agree and undertake to provide Gush Beauty only such information pertaining to third persons (who may or may not be your clients) and who have authorized you to use the same in the manner set out hereinabove, which is authentic, correct, verified, useful, as per specifications and which is not in contravention of the provisions of any law for time being in force. You shall delete such third party information from the Website immediately on your authorization/license being cancelled by the owner thereof.
- By uploading your material to the Website and/or using the content thereof, you agree not to violate any law, regulation or agreement with respect to any third party rights including intellectual property rights which may apply, and you further agree to indemnify, defend and hold harmless, Gush Beauty, it's owners, agents, officers, directors and employees from and against any and all claims alleging violation of any law, regulation or such agreement associated with your use of the Website and the contents.
- Intellectual Property Rights
- You acknowledge and agree that all content including but not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, etc. and content contained in sponsor advertisements or information presented to You through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- Thus, all content of the Website is either the copyrighted property of Gush Beauty, or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors or, in some cases, the content is licensed. As between Gush Beauty and You, Gush Beauty is the sole owner of all Gush Beauty-generated content on the Website, including without limitation, all applicable Indian and non-Indian copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto.
iii. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, You must also abide by all additional copyright notices or restrictions contained in this Service.
- Unless expressly permitted by Gush Beauty or advertisers, You shall not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service. You may use content only in accordance with the applicable laws including the Copyright and Information Technology Laws prevailing in India. In addition, the contents may not be used to construct any kind of database unless expressly permitted by the owner thereof.
- Neither You nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that has not been expressly authorized by us.
- The source code, design and look & feel of the Service is copyright of The Gush Beauty PVT. LTD.. All rights with respect to the Website are reserved. You shall not duplicate, copy, or reuse or recreate in any manner any portion of the Website or visual design elements without express prior written permission from Gush Beauty.
vii. You agree not to use the Website to infringe the intellectual property rights of others in any way. Gush Beauty will terminate the accounts of any account holders, and block access to the Website of any Users who are infringers of the copyrights, or other intellectual property rights, of others. Gush Beauty reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.
viii. Subject to the Terms of Service, Gush Beauty grants you a limited, revocable, and non-exclusive license to access and make non-commercial / personal use of the Website and the Services.
- Product User Disclaimer
- Gush Beauty’s cosmetic products are only for external use.
- Gush Beauty’s cosmetic products are based on natural ingredients. 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 Gush Beauty products to make sure that they are safe for You to use. It will be your sole responsibility to take proper precaution/ professional medical advice before using any of Gush Beauty’s cosmetic products that You may be allergic to. Each product sold through the Website includes a complete list of ingredients. People with sensitivities to any listed ingredient should not use the product. Gush Beauty always recommends a patch test to ensure the suitability of the product.
iii. Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action solely based upon any information contained on the Website. You agree that Gush Beauty will not be responsible or liable for any product related issues including, without limitation, any allergic reactions on account of usage of Gush Beauty products. Hence Gush Beauty strongly advises you to consult your doctor before trying any of its products available on the Website. Further, Gush Beauty does not guarantee that any particular product may be suitable to you.
- For any purchases made through the Website, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
- You expressly understand and agree that Gush Beauty shall not be liable to You or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for personal injury, harm, loss of profits, goodwill, use, data or other intangible losses (even if Gush Beauty has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii); unauthorized access to or alteration of Your Material or data; and (iii) or any other matter relating to the Service or the Website.
- Your Contributions
- You acknowledge and agree that Gush Beauty may preserve any Contribution/Your Material and in addition to what is provided hereinabove, Gush Beauty may also disclose Your Contribution/Your Material, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary, including but not limited to: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution/Your Material violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of Gush Beauty , its Users or the public.
- You understand that the technical processing and transmission of the Website, including Your Contribution/Your Material, may involve, including but not limited to (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Gush Beauty assumes no responsibility for the deletion or failure to store Contributions/Your Material or other information submitted by You or other Users to Gush Beauty .
iii. In operating the Website, Gush Beauty does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from You. By submitting or sending or posting information or other material to Gush Beauty, You represent and warrant that the information is original to You and/or licensed to You and that no other party has any ownership rights to the material if owned by You, and that the material and information will not violate any of the prohibitions set out herein.
- Linked Sites
- You may be able to link to third parties' sites ("Linked Sites") from the Website. Linked Sites are not, however, reviewed, controlled, or examined by Gush Beauty in any way and Gush Beauty is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply the endorsement of Gush Beauty or association with the Linked Sites. It is Your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Gush Beauty be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed through these Linked Sites.
- You should direct any concerns to the Linked Site's administrator or webmaster. Gush Beauty reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or to introduce different features or links to different Users.
- SPECIAL NOTICE: Linked Sites may contain content and graphics that may be offensive, including but not limited to sexually explicit material unsuitable for minors. if you enter these Linked Sites, you assert that you are of legal age in your jurisdiction to view such materials and that the viewing, reading, and/or downloading of content from these Linked Sites does not violate the community standards of your locality, city, town, county, state, province, country or other community to which You belong, and/or from which you access these Linked Sites.
- Dealings with Advertisers and Sponsors
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Gush Beauty shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service.
- Disclaimer of Warranties
- THE WEBSITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Gush Beauty AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES OR USER CONTENTS; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
iii. Gush Beauty DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
- In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false information, identities etc. You assume all risks associated with dealing with other users with whom You come in contact through the Websites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be deceptive. Gush Beauty expects that You will use caution and common sense when using the Website.
- Gush Beauty makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, Services, software, text, graphics, links etc.
- You agree, understand and acknowledge that Gush Beauty makes no guarantees and/or claims that: i) The User content is verified, accurate, useful, original, un-edited, not computer generated/modified etc. ii) The products of Gush Beauty are useful or beneficial for you. You will have to use your own judgment and advice of a medical practitioner, as the case may be, before buying any of Gush Beauty products from the Website.
vii. You agree and acknowledge that the ranking, comments and rating in relation to any User content are not monitored or verified by Gush Beauty and the same are the opinions/views expressed by Users. Gush Beauty expects that You will use caution and common sense when relying on such ranking, comments and ratings.
- Limitation of Liability
- IN NO EVENT WILL Gush Beauty, ITS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE,; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE; OR (iii) IN ANY OTHER MANNER IN RELATION TO THE WEBSITE OR SERVICES
- Notwithstanding anything to the contrary contained herein, Gush Beauty’s maximum liability with respect to its product purchased by You, will at all times be limited to the total amount paid by You towards any product purchased by You, in respect of which any claim may have been made against Gush Beauty.
iii. Gush Beauty shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause including, without limitation, mechanical, electronic or communications failure or degradation or any event of Force Majeure event including Act of God or any events beyond the control of Gush Beauty.
- You understand and agree that Gush Beauty does not guarantee the accuracy or legitimacy of any listing, posting, information, comments, ranking, tips etc. by other Users. You further agree that Gush Beauty will not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website or as a result of any Services with other Users or third parties. Gush Beauty also cannot guarantee continuous or secure access to the Services.
- Applicable laws/ Jurisdiction
- You agree to comply with all local rules and laws regarding online conduct and acceptable content.
- Notwithstanding local rules or laws regarding Your use of the Site, You agree that the laws of India, excluding its conflicts-of-law rules, shall govern these Terms and Conditions.
iii. Any controversy, dispute or claim arising out of or relating to the Service or these Terms and Conditions shall be first attempted to be resolved through negotiations. If the dispute, controversy or claim cannot be resolved through negotiations within 30 days from the date when either party raises the dispute, such dispute, claim or controversy shall be settled by binding Arbitration in accordance with Arbitration and Conciliation Act, 1996. The venue, place and seat of arbitration shall be Mumbai. Any such controversy, dispute or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
- Subject to arbitration, the Courts of ______ shall have jurisdiction to try and entertain all or any dispute, claim or controversy arising out of the Services and these Terms and Conditions.
- Gush Beauty operates the Website from its offices in______, India. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Gush Beauty specifically prohibits any other use of the Website, and all Users agree not to do any of the following:
- Post content on the Website that contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords or any keywords that are irrelevant to the Service or are otherwise misleading and/or prohibited;
- Post or submit to the Website any incomplete, false or inaccurate biographical information or information which is not Your own or which You are not authorized to post;
iii. Post on the Website any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that clearly indicate that the available job pays commission only, and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents;
- Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website;
- Take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any of the Website;
vii. Aggregate, copy or duplicate in any manner any of the Gush Beauty’s content or information available from the Website; or
viii. Impersonate any person or entity or otherwise misrepresent the user's affiliation with any person or entity.
- You understand that Gush Beauty uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another Website so as to falsely imply that it is associated with the Service, or Gush Beauty.
iii. Gush Beauty may, but have no obligation to, remove content and accounts containing content that Gush Beauty determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Users are also prohibited from violating or attempting to violate the security of any of the Website, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any of the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing". Violations of system or network security may result in civil or criminal liability. Gush Beauty will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- The failure of Gush Beauty to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between You and Gush Beauty and governs Your use of the Service, superseding any prior agreements between You and Gush Beauty (including, but not limited to, any prior versions of the Terms and Conditions).
vii. In the context of the 'alerts' service (as and when provided) to be introduced by Gush Beauty; the irrevocable consents to the use of Your personal data in the form of cellular phone number(s) and email address is being granted by You to Gush Beauty, its associates and business partners to forward information. This consent shall supersede any preferences set by You with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR). This consent extends to emails, messages or calls relating but not limited to phone number verification.
viii. You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between Gush Beauty and You concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
- Payment Terms
You will find Gush Beauty’s Payment policy at http://www.gushbeauty.com/[●]
- Accuracy of Billing and Account Information
Gush Beauty reserves the right to refuse any order you place with us. In the event that Gush Beauty makes any change to or cancels an order, Gush Beauty may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Gush Beauty can complete your transactions and contact you as needed.
- Cancellation by User
- You are solely responsible for properly canceling Your account through the Website. An email or phone request to cancel Your account is not considered cancellation.
- Upon cancellation, all of Your content may be deleted from the primary servers that provide the Service. This information may not be recovered once Your account is cancelled.
iii. If You cancel the Service, Your cancellation will take effect immediately.
- Gush Beauty, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Service, or any other Service, for any reason or no reason at all and at any time. Such termination of the Service will result in the deactivation or deletion of Your Account or Your access to Your Account, and the forfeiture and relinquishment of all content in Your account.
- Terms and Termination
These Terms and Conditions shall come into effect and be binding on You : the earlier of the date on which the User:
Accept the Terms;
Starts using the Service / accesses the Website; and And shall remain valid for as long as the User uses the Service.
Gush Beauty reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Your Material from the Website and immediate termination of Your registration or ability to access the Website and any other services provided to You by Gush Beauty, upon any breach of these Terms of Service by You.
- Modifications to the Service and Prices:
- Gush Beauty reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service( or any part thereof) with or without notice.
- Prices of all Services are subject to change upon 7 days notice from us. Such notice may be provided at any time by posting the changes to the Websites.
iii. The Company shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Applicable laws/ Jurisdiction
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
- Configurations and Minimum Essentials
Gush Beauty does not expressly recommend any particular software, operating system, application to use and access the Website. If for any particular reason, the Website does not open or is unable to be displayed in full in the visitor’s computer, then Gush Beauty shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access the Website; though latest standards cannot be defined or categorized.
Gush Beauty also reserves the right to change the software and hardware which is required to gain access to the Website without prior notice to the User and it shall not be the responsibility of Gush Beauty if the User computer system is incompatible with the software and hardware changes.
- Fraud Protection
As part of order processing procedures, Gush Beauty may screen received orders for fraud or other types of unauthorized or illegal activity. Gush Beauty reserves the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. Gush Beauty also reserves the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. Gush Beauty takes these measures to protect its customers as well as itself from fraud or other unauthorized or illegal activity.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Governing Law
The laws of India govern these terms and conditions and the courts of MUMBAI shall have exclusive jurisdiction to try and entertain any disputes arising out of the use of the Website, Service and products sold through the Website.
By using the Services of the Website, You unconditionally and irrevocably confirm that You have read the above provisions and agree to abide by them.