Terms Of Use

Introduction

doyoubeauty.com (‘Website’) is an online service that is operated and managed by Born Bright Products Pvt. Ltd. (‘Born Bright’). In using the Website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’). This User Agreement is valid for an indefinite time period and that you understand and agree that till the time you access this website, you are bound by such terms. In case you have any clarifications, comments or complaints about this User Agreement or the Website, please email us at hello@doyoubeauty.com. Please note that Born Bright reserves the right to change the change the terms and conditions of this User Agreement from time to time without any obligation to inform you. Born Bright also encourages you to look through these terms and conditions as and when required and it is your responsibility to do so.

Ownership of rights

This Website and the content therein is protected by the Copyright/Trademark and Intellectual Property laws. All the content is owned by Born Bright or by third parties. Use of this Website and its content for any purpose other than personal or non-commerical reasons is prohibited. Reproducing this content without the explicit permission of Born Bright is prohibited.

Accuracy of content and invitation to offer

Born Bright has taken all possible care and precaution to try and provide accurate data and information in the preparation of the content of this Website. It is important to note that in particular, all possible care and precaution has been taken to ensure that the prices quoted are correct at time of publishing and all products have been fairly described. All prices displayed are always inclusive of GST. Packaging may sometimes vary from that shown although Born Bright will make every effort to update the Website regularly. Born Bright has made every effort to ensure that the colour of the product as well as its weight, dimensions and capacity are displayed as accurately as possible in displaying. That said, Born Bright does not take responsibility for the accuracy with which your monitor will display the colours of the products. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of the User Agreement. Born Bright reserves the right to accept or reject your offer in part or in full. An acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen simultaneously; in such a scenario, please note that the portion of the order which has been dispatched will be deemed to have been accepted by Born Bright and the balance would continue to be on offer to Born Bright and the right to accept or reject that balance order is reserved with Born Bright. No act or omission of Born Bright prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have supplied Born Bright with your email address or phone number, Born Bright will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.

Quantity Restrictions

Born Bright reserves the right to refuse any order placed by you on the Website. Born Bright may, in it’s sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Born Bright makes a change or cancels an order, attempt will be made to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Born Bright reserves the right to limit or prohibit orders that, in it’s sole judgment, appear to be placed by dealers, resellers, distributors or unscrupulous elements.

Pricing Information

Born Bright aims to provide accurate product pricing at all times; however, typographical or human errors may occur and the price of the product cannot be confirmed until after the order has been placed. If a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Born Bright has the right, at it’s sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. If an item is mis-priced, Born Bright may, at it’s sole discretion, either contact you for instructions or cancel your order and notify you of the cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Born Bright will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. If Born Bright does accept your order, the order value shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. In the event that Born Bright cancels the order after the payment has been processed, the said amount will be reversed back to your credit / debit card account. Please note that prices and availability are subject to change without notice.

Indemnity

Born Bright disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). Born Bright shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between Born Bright and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Mumbai. All disputes will be subject to arbitration in Mumbai in English by a single arbitrator appointed by Born Bright under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless Born Bright, its employees, directors, officers, agents and their successors and assigns 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 Born Bright 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 this User Agreement or arising out of 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 this User Agreement.

Privacy

1. All the information provided to Born Bright by you, including sensitive personal information, is voluntary. You have the right to withdraw your consent at any time, in accordance with the terms of this User Agreement, but please note that withdrawal of consent will not be retroactive. You can access, modify, correct and eliminate the data about you which has been collected pursuant to your decision to become a user of the Website. If you update any information relating to you, we may keep a copy of the information which you originally provided to us in its archives.
2. Due to the communications standards on the Internet, when you visit the Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help Born Bright improve its service.
3. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Born Bright and its service providers for the technical administration of the Website, research and development, and for administration. In the course of serving advertisements or optimizing services to you, Born Bright may allow authorized third parties to place or recognize a unique cookie on your browser. Born Bright does not store personally identifiable information in the cookies.
4. Born Bright may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper administration.
5. Born Bright doesn’t allow other companies, to serve advertisements to you. Born Bright doesn’t assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of you accessing, using or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. This privacy policy applies to all websites, services and content on mobile applications that are operated and managed by us
6. Born Bright doesn’t exercise control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which Born Bright isn’t responsible or liable. Accordingly, Born Bright doesn’t make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does it guarantee the accuracy, integrity or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other material available on such websites. The inclusion or exclusion doesn’t imply any endorsement by Born Bright of the website, the website’s provider, or the information on the website. We encourage you to read the privacy policies of that website.
7. 7. The Website may enable you to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. Born Bright hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner. Born Bright values the privacy of information pertaining to its associates. The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law.
8. Born Bright will enable you to communicate your privacy concerns and will respond to them appropriately. Born Bright doesn’t disclose any personal information to advertisers and for other marketing and promotional purposes.

Eligibility to Use

Use of the Website is available only to persons who can form legally binding contracts under the applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. Born Bright reserves the right to terminate the membership of such persons and refuse to provide them with access to the Website at its sole discretion. The Website is not available to persons whose membership has been suspended or terminated by Born Bright for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Born Bright makes no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. At present, Born Bright deliver products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation. If Born Bright receives an order from such states or to be delivered to such states under such circumstances Born Bright will retain the right to accept or reject the order at its sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. Born Bright will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

Usage Restrictions

You shall not use the Website for any of the following purposes:

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorised access to other computer/network systems.
• Interfering with any other person’s use or enjoyment of the Website. -Breaching any applicable laws.
• Interfering or disrupting networks or websites connected to the Website.
• Making, transmitting or storing electronic copies of material protected by copyright without the permission of the owner.

You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that

• belongs to another person and to which you do not have any right to
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful or racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever
• can harm minors in any way
• infringes any patent, trademark, copyright or other proprietary rights
• violates any law for the time being in force
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
• impersonate another person
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website
• threatens the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from:

• violating or attempting to violate the integrity or security of the Website or its content
• transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by Born Bright
• intentionally submitting on the Website any incomplete, false or inaccurate information
• making any unsolicited communications to other users of the Website
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website
• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website
• copying or duplicating in any manner any of the content on the Website or other information available from the Website
• framing or hotlinking or deep linking any content on the Website

Website 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 authorised to access
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation
• 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 TCP/IP packet 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. Born Bright will investigate occurrences that may involve such violations and may involve and cooperate 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 Born Bright on this Website and other than generally available third party web browsers (e.g., Google Chrome, Safari, Firefox, Opera, Microsoft Internet Explorer).

Communication

When you visit the Website or send emails to Born Bright, you are communicating electronically. You consent to receive communication from Born Bright electronically. Born Bright will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Born Bright provides to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address and/or to request our call back, you consent to receive calls/messages on that number for communication related to your order/request and other product/site/promotions related communication.

Termination

This User Agreement is effective unless and until terminated by either you or Born Bright. You may terminate this User Agreement at any time by informing Born Bright in writing through the Indian postal system by registered post, that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice and accordingly deny you access to the Website. Such termination will be without any liability to Born Bright. Upon any termination of the User Agreement by either you or Born Bright, 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 User Agreement or otherwise. The right to any Comments shall survive any termination of this User Agreement, with Born Bright. Any such termination of the User Agreement shall not cancel your obligation to pay for the products already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Financial Details

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by Born Bright’s acquiring bank and not taken by Born Bright. Born Bright will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. Born Bright and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. Born Bright and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

Refusal of service

Born Bright reserves the right to refuse service to anyone at any time. Born Bright reserve the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

Copyright & Trademark

Born Bright and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of its or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Born Bright. Any use of this Website or its contents, including copying or storing them in whole or part, other than for your own personal, non-commercial use is prohibited without Born Bright’s prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The Born Bright names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Born Bright or licensed to Born Bright. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorise anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply Born Bright’s endorsement, sponsorship or recommendation of the third party, information, product or service. Born Bright is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal 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. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of Born Bright or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as an information resource and for purchasing our products. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Born Bright, its affiliates or by third parties who have licensed their materials to them and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Born Bright and is also protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under the applicable law, Born Bright and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, Born Bright or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement. Without prejudice to the generality of the section above, Born Bright’s total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Born Bright, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Feedback, Comments and User Generated Content on the Website

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted to Born Bright on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain property of Born Bright. Such disclosure, submission or offer of any Comments shall constitute an assignment to Born Bright of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Born Bright will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Born Bright will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Born Bright shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. Born Bright does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant Born Bright the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Born Bright and its affiliates for all claims resulting from any Comments you submit. Born Bright and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Entire Agreement

If any part of this User Agreement 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 User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and Born Bright with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Born Bright with respect to the Websites/services. Born Bright’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.