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Terms of service

 

Terms of Use

Introduction

This website aims at providing information to persons looking for products manufactured and/or distributed by BNHS under the brand name of BNHS

The use of the website and its contents is governed by the ‘Policy’ and ‘Legal Notice ‘as detailed in this website and the website is provided to you, and if you are a minor, to your parents / guardians on these same ‘Terms of Use’ as are prevailing and as may be amended from time to time (collectively referred to as this “Agreement”.

Your use of this website or any other services provided through the same shall be deemed to constitute consent on your part to all the terms and conditions that apply to such usage, and that you shall be bound by such terms and conditions which shall be enforceable as if you have signed an Agreement in this behalf.  In the event of your unwillingness to accept the terms and conditions as laid out herein, please do not use this Site or order any products, through this Site

The information provided by you shall be used by us to process and ship your order/s, which includes dissemination of your contact details i.e. address, phone no.etc. to delivery arrangers to contact you for apprising delivery-status of orders placed by you and to create an account in your name for use at a later date so that you are not required to re-enter  information already captured by the system, and use otherwise as indicated herein

The Web Site is intended for and directed to adults in India only and is not intended for any minor under the age of 18.

Ownership

The website is owned by BNHS. All rights and titles to the content displayed on the website (excluding User content, as defined below), including, but not limited to the website’s look and feel, data. Text, information, designs, Trademarks, trade names, service marks, images, graphics, sound or video material and URL are the property of BNHS or its partners, agents or third parties.

 

Protection of Intellectual Property Rights and License

As a viewer / visitor to this website you acknowledge that the content available on or through this website, including but not limited to content in the form of text, graphics, software, music, audio and video, photographs and content in any other form provided by suppliers, sponsors or third-parties is governed by laws pertaining to Intellectual Property Rights and protected by Copyrights, Trademarks or other Proprietary rights and laws. Except as expressly authorized by the company, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create works derived from content available on or through the website, including but not limited to the software

A nonexclusive, nontransferable, revocable, limited license is granted to you to view, copy and print content from the Web Site for the sole purpose of placing an order via the Web Site or using the Web Site as a shopping and education resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content.

The content obtained through the Web Site may not be used, modified, reprinted, distributed, sold  or copied in any other way or for any other purpose  for any commercial use or provided to any commercial source, including other web sites, regardless of whether compensation is received by you, without the prior written permission of the Company.

You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of the Company. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of the Company's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

 

Compliance With Laws

You agree to comply with all applicable Indian laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

Disclaimer regarding Information

 

The information, including advice and recommendations on the website is intended solely as a general educational tool. BNHS and their principles BNHSand its agents assume no responsibility for any consequences relating directly or indirectly to any action or inaction taken by any person, based on the information, services, or other material on the website. While it shall be our endeavor to maintain the information on the website accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website. Further, your use of this website is subject to the above and to other disclaimers that may appear on this website at other places.

 

Disclaimer of Warranties related to Use of Web Site

 

The website is provided on an “as is where is” and “as available” basis, except as and when specified otherwise herein to the fullest extent possible. BNHS expressly disclaims all warranties of any kind, whether expressed or implied, including without limitation, any warranties regarding merchantability, fitness for any purpose, and non-infringement.

 

BNHS does not make any warranty that the website will meet the requirements of any visitor or viewer or that uninterrupted access to the website shall be provided. Further, the company makes no warranties that such access to the website shall be secure, timely and error-free or that defects, if any, will be corrected. The company also makes no warranties as regards the results achieved from the use of the website or as regards the utility, accuracy and reliability of any information obtained from the website, in whatsoever manner.

It is clearly understood and agreed by any visitor to or viewer of this website that any data or material downloaded or obtained otherwise from this website or by using this website or through any other website accessed by a link through this website is available for use by the concerned viewer or visitor entirely at his / her own risk and such viewer or visitor shall be solely responsible for any damage to his / her computer system or for loss of data that may result from the download of such data / material. No information or advice, whether oral or otherwise, obtained by any visitor / viewer from BNHS or through this website shall create any warranty not expressly stated herein.

 

Purchase of products through the website

The Company shall endeavor to provide details of the products offered for sale through this website, as accurately as possible, with the most up-to-date product packaging available. The Company makes no warranty as regards the accuracy, completeness and reliability of the product descriptions, or that the same are current and error-free or that the product packaging displayed on the site matches the actual product that will be received by the purchaser of product/s from this website. In the event that a product or its packaging as described or displayed on the website does not match upto its description or display on the site, the sole remedy available to a purchaser is to return it to us in unused and undamaged condition.

 

Acceptance of Order and Shipment

Placement of an order by a prospective purchaser does not necessarily assure that the order will be accepted. The company may require additional information regarding the order if the same has not been provided to facilitate execution of the order. It is only after receipt of a complete order information and authorization of your form as regards the manner in which payment is or will be received, that the products ordered shall be located for effecting shipment.  If, for some reason, we determine that we cannot ship your item within thirty 30 days following our receipt of a properly completed order, we will cancel your order and advise you of such action. The Web Site does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Web Site.

 

Errors and Omissions

The products, their availability and prices are subject to change, without prior notice. It shall be our endeavor to ensure the accuracy of the information on the Web Site and to correct errors, if any, as and when they are discovered. The Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, at any time including time after an order has been submitted and has been confirmed, or after the purchaser’s  credit card has been charged. Full amount charged on the credit card shall be refunded in the event that the order is cancelled on account of discovery of an error. Purchaser whose order is so cancelled shall be notified via email or other communication method, provided the email id / address is made available to us at the time of placement of order..

 

Risk of Loss

All items purchased from the Web Site are delivered to the shipment carriers. The risk of loss and title for such items passes to the purchaser upon our delivery to the carrier.

 

Limitation of Liability

It is  expressly understood and agreed  that under no circumstances will the company, its suppliers or agents be liable for  any damage, howsoever caused, whether direct, indirect, special, incidental, or consequential due to  any loss of use, loss of data, profits, goodwill or the cost of procurement of substitute services nor for any breach of contract or tort , or otherwise resulting from  the use of, or the inability to use, the web site; the use of, or the inability to use, items purchased on the web site; and the cost of procurement of substitute services, items, or web sites.

 

Indemnification

You, as a visitor or viewer of this website  agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, co-branders, suppliers, and associates from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including  reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site and the information that is submitted by you or transmitted by you through the Web Site.

 

Amendments to the Web Site and / or suspension thereof

It is agreed by you that the Company may, at its sole discretion, and at any point of time decide and modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and it is agreed by you that the Company would not be liable for the consequences of doing so.

 

Termination

The Company may, at its sole discretion, and at any time, terminate use of the Web Site, without prior notice to you, for any reason that the Company, in its sole discretion, deems appropriate. In such an event the Company will not be liable to any visitor, viewer or any third party for the consequences of any termination of such use of or access to the Web Site. The provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Applicable Law shall survive any such termination.

 

Severability of Agreement

If any provision/s of the Agreement is / are found to be invalid by a court or other regulatory authority ,  every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

 

Limitations of Actions Brought Against the Company

Any claim or cause of action arising out of the use of the Website must be filed within one year after such claim or cause of action arose failing which it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

 

Applicable Law

The Terms of Use and the resolution of any dispute related to them or the Website, or in respect of items purchased through the Website shall be governed by and construed in accordance with the laws of India.  Any legal action or proceeding  relating to the same shall be brought exclusively in the court of competent jurisdiction sitting in Mumbai, India, and such legal action shall be subject to the personal and exclusive jurisdiction of such courts.

 

Modifications

The Company may, at its sole discretion, make changes to the Terms of Use from time to time, by updating the content  on this Website including the Terms of Use, and specifying the effective date of such modification..At every change, notice thereof shall  be posted on the home page. The "Last Modified" date at the top of these Terms of Use. shall indicate when the latest changes were made. The continued use of the Website, following the posting of a new version of the Terms of Use, constitutes an acceptance by any visitor / viewer of any such changes. It is therefore advised that all visitors to this site should check the effective date of Terms of Use whenever they visit the site.

 

Links to Other Sites

 

The website may provide links to other sites and / or resources, including advertisers, over whom the company has no control. These links are provided for the sole convenience of users and should not be construed as an endorsement by the company of the content, items or services offered by such third-party website. Accessing and using the content, items and / or services offered would therefore be entirely at the risk and responsibility of the person accessing and using the same. Cheryl’s Cosmeceuticals Pvt.Ltd.makes no representations or warranties as regards the contents, ownership or legality   of such linked   websites and is not liable and bears no responsibility in relation to such website, its contents or other material featured / advertised on or made available through such site. Once a visitor leaves this website via a link to such other site, such visitor shall be bound by the Privacy Policy and Terms of Use of such other website. 

Privacy

Personal information obtained by the company from any visitor to / viewer  of this website or through the use by such visitor / viewer of this website whether through the registration process or otherwise, is subject to our Privacy Policy and Legal Notice

The Privacy Policy addresses the privacy issues relating to our collection and use of the data that may be provided by visitors / viewers of this website, including the rights relative to that information. Visitors to / viewers of this website are advised to acquaint themselves with the terms and contents of the Privacy Policy before use of the Website. Should the concerned visitor / viewer be unwilling to accept the terms and conditions of the Privacy Policy, such visitor / viewer is advised to refrain from accessing or using this website, whether to order any items or post any comment.


Notice and Procedure for Making Claims of Copyright Infringement

Users of this website are advised to respect the intellectual property of others. Pursuant to the Copyright Act of India,. If in good faith it is believed that the user’s  work has been copied in a way that constitutes copyright infringement, please provide  the company, at its Regd. Address, the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that is  claimed to  have  been infringed.
3. A description of where the material in respect of which infringement is claimed is displayed on the Website.
4. Address, telephone number, and e-mail address of the claimant.
5. A statement by the claimant  that he / she  has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by the claimant , made under penalty of perjury, that the above information in his / her notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Electronic Communications, Communication through the website and e-mails

The information communicated on the Website constitutes an electronic communication. Whenever any person communicates with us   through the Website or other forms of electronic media, such as e-mail, such communication construes an electronic  communication.  It is therefore agreed by every visitor communicating with us electronically that any communications, as well as notice, disclosure, agreement, and other communications made to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

 

Contact Information

You may contact us if you have any questions or concerns regarding this Agreement or the website, by email at info@bnhs.org.