WEBSITE TERMS AND CONDITIONS

USE OF THIS SITE:
Welcome to www.beautyessentials.in (“Site” or “BEMPL”). This Site is owned and operated by Beauty Essentials Marketing Private Limited (“BEMPL”), a company incorporated under the provisions of the Companies Act, 1956 having its registered office at Unit No 5, 2 nd Floor, Candler Building 26, St. John Baptist Road, Bandra West, Mumbai 400 050. You may be accessing our Site from a computer or mobile phone device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. You may also be using our interactive services (“Interactive Services”), such as our Beauty Suggestions, Beauty Book etc. and the Beauty Services wherein you can book any beauty service provided by us (“Beauty Services”) and these Terms of Use also govern your use of the Interactive and Beauty Services. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions without reserve.
The Site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter “Terms of Use”) along with the Privacy Policy (hereinafter “Policies”) as modified and amended from time to time.
By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. Accessing, Browsing or Otherwise Using the Site Indicates Your Agreement to all the Terms and Conditions in this Agreement, so please read this Agreement Carefully before proceeding. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.
BEMPL reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If BEMPL decides to change the Terms of Use or Policies, BEMPL may post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

MEMBERSHIP ELIGIBILITY:
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the BEMPL website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. BEMPL reserves the right to terminate your membership and/ or refuse to provide you with access to the Website if it is brought to BEMPL's notice or if it is discovered that you are under the age of 18 years.

LICENCE FOR WEBSITE ACCESS:
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, BEMPL grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BEMPL and / or its affiliates, as may be applicable. This licence does not include any commercial use of this website or its contents; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of BEMPL and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BEMPL and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising BEMPL's or its affiliates' names or trademarks without the express written consent of BEMPL and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by BEMPL and / or its affiliates, as applicable.

PRIVACY PRACTICES:
We understand the importance of safeguarding your personal information and we have formulated a privacy policy to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. You consent to the use of personal information by BEMPL in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of BEMPL.

PRODUCT & SERVICES INFORMATION:
BEMPL attempts to be as accurate as possible in the description of the product on the Site. However, BEMPL does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

RECOMMENDATION OF THE PRODUCT & SERVICES:
Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by BEMPL or any of its associates in any manner.

INTELLECTUAL PROPERTY RIGHTS:
The “BEMPL” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of BEMPL. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of BEMPL or others, are the intellectual property of their respective owners, and BEMPL shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
BEMPL and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of BEMPL and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (Collectively as “Contents”) intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless BEMPL explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by BEMPL, any of its affiliates or by third parties who have licensed their materials to BEMPL and are protected by Indian copyright laws and international treaties. Developing this Website involved significant investments.  The Website and each of the elements it comprises (i.e., brands, images, texts, videos, etc.) are protected by intellectual property rights. No use, reproduction or representation of the Website (in whole or in part), on any media whatsoever, for any other purposes, including, but not limited to, commercial purposes, shall be authorized.

LIMITED LICENSE:
BEMPL grants you limited, non-exclusive, non-transferable, non- sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates. BEMPL reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.

LIMITED LICENSE:
BEMPL grants you limited, non-exclusive, non-transferable, non- sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates. BEMPL reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.

REPRESENTATIONS AND WARRANTIES:
The site 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 or non-infringement, 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, misdelivery, 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 site; (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.
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 site 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. You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than 1 month after the cause of action relating to such claim or action arose. You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, BEMPL does not warrant that: • This Website will be constantly available, or available at all; or • The information on this Website is complete, true, accurate or non- misleading.
10.2. BEMPL will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. BEMPL does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
10.3. Product Description: BEMPL we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

LIMITATION OF LIABILITY:
In no event shall BEMPL be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.

ADVICE AND BEAUTY PROFILE:
In no event shall BEMPL be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.

ADVICE AND BEAUTY PROFILE:
The advice and content provided on this Website and/or the tools made available to define your beauty profile are merely simulations intended for obtaining expert cosmetics advice. The information they deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment. Accordingly, We cannot guarantee your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof. For any further information or in the event of doubt, we recommend that you consult appropriate medical expert.

LINKS AND THIRD PARTY SITES
References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply BEMPL endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between BEMPL and those third parties.
BEMPL is not liable for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. BEMPL do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible 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 via the Site.

LINKS AND THIRD PARTY SITES
References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply BEMPL endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between BEMPL and those third parties.
BEMPL is not liable for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. BEMPL do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible 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 via the Site.

TERMINATION
These Terms of Use are effective unless and until terminated by BEMPL. BEMPL may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site. Upon termination of the Terms of Use by BEMPL, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.

INDEMNITY
You agree to defend, indemnify and hold harmless BEMPL, its employees, directors, officers, agents and its successors and assigns, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to BEMPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction. Without any prejudice to particulars listed herein above, BEMPL shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending litigation.

SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” sending unsolicited email, including promotions and/or advertising of products or services; or forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. BEMPL is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from BEMPL on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

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 full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve 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.

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 Site, you are entirely responsible for such User Content. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. 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 Site 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 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 Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, 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 Site. 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.

ENTIRE AGREEMENT
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and BEMPL with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. BEMPL's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

GENERAL
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site 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 Site. 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. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation. The Website was developed for the Publisher by TripIn Studio Private Limited, having its registered office at Level 14, Lotus Business Park, Off Link Road, Near Fun Republic, Andheri (West), Mumbai 400053. India. Email address: info@tripinstudio.com, Contact number: +91 9769 480620.

CONTACT
If you have any questions regarding these Terms and Conditions, please email us at [●].

DISCLAIMER
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Amazon nor shall Amazon have any obligations or liabilities in respect of any transactions on the website.
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. 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 BEMPL Online, our affiliates, partners or licensors.