Terms and Conditions - d'you
BRUNCH BEAUTY PRIVATE LIMITED
This website, www.dyou.co (‘Website’) is owned and operated by Brunch Beauty Pvt. Ltd., a company incorporated under the Indian Companies Act, 2013 (“Company/ We”) with its registered office at FL-310, Gulshan APTT, Mulla A Hamid Road, Panvel, Raigarh, Maharashtra 410206 India.
In these Terms, references to "you" or "User" shall mean the end user accessing the Website, its contents and using the services offered through the Website. "We", "us" and "our" shall mean the Company.
It is at our sole discretion, to change, modify, add or remove portions of the Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes.
Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
- YOUR ACCOUNT
We may require each user to have a registered account with a unique email ID and password combination in order to access and use certain features or services on the Website. Your registration and account details are personal to you and you may not allow others to use your account. We are not liable for any harm caused or related to the theft, misappropriation, loss of money, disclosure of your information or password due to your authorization of anyone else to use your account. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your account.
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE WEBSITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your account, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Website for which you will be legally responsible.
If you are accessing, browsing and/or using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the Terms, Policies, obligations, affirmations, representations, and warranties set forth in these Terms and accompanying Policies, and to abide by and comply with the same.
- REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
The 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 Website, 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 Website;
(c) data non-delivery, wrong 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 Website, including during hyperlink to or from third party websites
(f) any inaccuracies or omissions in content or
(g) events beyond our reasonable control.
Though enormous efforts and precautions are 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, usage and caution instructions accompanying each of our product 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 products that you may be allergic to. You agree that the Company will not be responsible or liable for any product related issues, including without limitation any allergic reactions or any other health related issue to you on account of usage of our products. For any purchases made through the online store, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets/ details on the Website.
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.
- PRODUCT, SERVICES & PRICING INFORMATION
We attempt to be as accurate as possible regarding the description and pricing of the products on our Website. However, we do not warrant that the product description, colour, information or other content available on the Website are completely accurate, complete, reliable, current or error-free. The Website 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.
We reserve the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
We cannot confirm the price of the product until you make the order. Without limiting the conditions as specified in our Cancellation, Refunds and Returns Policy, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, the Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, the Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and the Company will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that the Company accepts your order the same shall be debited to your credit card/ debit card, UPI account, Net banking or via Cash-on-delivery (and/or any other payment method and available on the Website on the day of the order) and duly notified to you by email that the payment has been processed. The payment may be processed prior to the Company’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to you.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF THE COMPANYNY.
We may revise and cease to make available any product/ services anytime. In the event, we are unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. We shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery
- MODES OF PAYMENT
Payments for the products available on the Website may be made in the following ways:
- Payments can be made by Credit Cards, Debit Cards, Net Banking, UPI, Wallets, e-Gift cards, and reward points.
- Credit card, Debit Card, UPI and Net Banking payment options are instant payment options and are recommended to ensure faster processing of your order.
- Cash On Delivery option may not be available for various products and jurisdictions. The Company reserves the sole right to decide the products and jurisdictions for which cash-on-delivery will be made available.
- SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery Policy provided on the Website, as amended from time to time.
- OUR RIGHTS & OBLIGATIONS
- We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you.
- We may suspend or terminate your use of the Website if we believe, in our sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or any of the Policies, or in any way otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until we choose to terminate them.
- We reserve the right to force forfeiture of any username for any reason as we may deem fit to protect our interests or interests of other users.
- Our failure to take an action on your breach of these Terms on any instance shall not preclude us from taking an action in respect of the same or other subsequent breach at any other point of time.
- The Company shall not be liable for any failure to comply with its obligations caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, Acts of God, epidemics, pandemics or any other circumstances amounting to Force Majeure (including the operation or disruption of the internet/ telephone systems).
- The Company shall also not be responsible for any loss or damage if it has to discontinue the Website or any of its services in compliance with any law, ruling, Order, regulation, requirement or instruction of any Central/State Government or for any other unavoidable reason beyond its control.
- For any clarification on these Terms, please contact us at: firstname.lastname@example.org The Company will not be responsible in case any misunderstanding or misconstruction of the Terms mentioned herein by you.
- None of the provisions of these Terms shall be deemed to constitute a partnership or agency between users and the Company and users shall have no authority to bind the Company in any manner whatsoever;
- The Company accepts no liability for any errors or omissions, whether on behalf of itself or any Third Parties.
- INTELLECTUAL PROPERTY RIGHTS
All information and content available on the website and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, button icons, images, audio clips, photographs, videos, visuals, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of the Company and is protected by laws of India, including laws governing all applicable forms of intellectual property.
Except as set forth in the limited licenses herein, 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.
- LIMITED LICENSE
The Company reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Website and to block and prevent your future access the Website.
- SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
- THIRD PARTY LINKS
Our Website may contain links to third party services and give you the ability to access such third-party websites, apps, products, and services. Please note that you may proceed to the use of such third-party website or service at your own risk and the Company will not be held liable for any outcome or harm arising as a result of your use of such third-party websites or services. 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. 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.
You agree to indemnify, defend and hold us harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. 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.
If you have a complaint relating to our Terms and Conditions or our products, we will attempt to resolve the complaint using our internal complaints-handling procedure. If the process is exhausted and the complaint is not settled in this way, then such dispute shall be governed by the laws of India and the courts of Mumbai, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Mumbai, Maharashtra, India, subject to foreign legal mandatory provisions.
All disputes arising out of or in connection with these Terms or your use of the Website, shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be appointed by the Company. The language of the arbitration shall be English, and the venue of the arbitration shall be at Mumbai, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.
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.
The Company may seek any injunctive, interim or preliminary relief from a Court of competent jurisdiction in Mumbai, India, necessary to protect its (or its agents, suppliers, and subcontractors) trademark, other intellectual property rights or confidential information, pending the completion of arbitration.
- SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, 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 Website, 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.
The Company 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 Website or any activity being conducted on this Website. 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 Website other than the search engine and search agents available from the Website and other than generally available third party web browsers.
- 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: email@example.com and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees and are inclusive of all taxes. Prices, products and Services may change at our sole discretion.
- MRP DISCLAIMER
MRP of some of our products in Offline and Online channel may vary subject to date / period of manufacturing and/or import date of the products, however it always remains intact as declared on specific product.
As part of our commitment to the environment, we will continue to focus on reducing our packaging, which minimizes the impact on our environment. As such, some of our products do not come with extra packaging such as safety seals and inner lids. Our products are also packaged to provide sufficient ‘head space’ to minimize content leakage, sometimes resulting in cream shifting within the container during delivery.
These Terms are effective unless and until terminated by either you or the Company.
You may terminate these Terms at any time, provided that you discontinue any further use of the Website. We terminate these Terms at any time and may do so without notice, and accordingly deny you access to the Website, such termination will be without any liability to the Website.
Upon any termination of these Terms, either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms or otherwise. Any such termination of the Terms shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the Terms.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the ite, 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 Website 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 firstname.lastname@example.org
Customer Service Desk
E-mail id: email@example.com