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.
Glam Aroma 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 (collectively, “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.
Please review our privacy-policy so that you may understand our
privacy practices.
Please see our Payment Policy to understand the purchase processes
of our products.
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.
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, colours, information or
other content available on the website are accurate, complete, reliable,
current, or error-free.
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 Glam Aroma, 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.
We grant you a limited, revocable, and non-exclusive license to
access and make personal use of Glam Aroma 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 Glam Aroma 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.
In the access or use of the Glam Aroma 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 Glam Aroma, our Affiliates, partners or licensors.
We are not responsible for the content of any off-website pages
or any other websites linked to or from the Glam Aroma 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. Your 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.
Glam Aroma 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.
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.
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, libelous, 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 Glam Aroma 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.
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: support@glamaroma.in
Note: The above contact information is provided
exclusively for notifying Glam Aroma 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 by email at: support@glamaroma.in
Glam Aroma 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.
Glam Aroma 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 Glam Aroma 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 the Glam Aroma, 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.
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 Glam Aroma
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.
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 Mumbai, India, as if
the Terms and Conditions were a contract wholly entered into and wholly
performed within Mumbai, 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 Glam Aroma website shall be referred to
the sole Arbitrator appointed by the Chairman and Managing Director of Glam
Aroma in accordance with the law. The venue of such arbitration shall be at Mumbai,
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 Mumbai, India, 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.
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: support@glamaoma.in 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.
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 support@glamaroma.in