Terms & 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.
Flaurance
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.
Privacy
Please review
our privacy-policy so that you may understand our privacy practices.
All
international shipping orders may attract local duties applicable in that
country and accordingly the customer will have to pay such local duties/taxes.
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 Flaurance,
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 Flaurance 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 always act 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 wilfully 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 Flaurance, our Affiliates, partners or licensors.
Special
Features, Functionality and Events
Flaurance 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 Flaurance 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, colours, 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 Flaurance 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 Flaurance 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 Flaurance 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.
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: contact@flaurance.com
Note: The above
contact information is provided exclusively for notifying Flaurance 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: contact@flaurance.com
Representations
and Warranties and Limitation of Liability
Flaurance 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.
Flaurance personal
care products are based on natural and organic 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 Better
Beauty 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 Better Beauty, you will inter
alia be governed by the limitation of liability and disclaimer conditions
provided in more detail with the product packaging/leaflets.
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 Flaurance 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.
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: contact@flaurance.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: contact@flaurance.com