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Terms & Conditions

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Terms & Conditions

LAST REVISION: [20-Sep-2020]

WELCOME TO THE KINGDOM OF LASHES (hereinafter referred to as “KOL”) WEBSITE (hereinafter referred to as “the Site”)

 

By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by the Terms and Conditions mentioned on the Site.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site.  If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on the Site.

The products and services available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You shall not sell or resell any of the products or services, or samples thereof you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

We attempt to be as accurate as possible when describing our products on the Site; however, 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.This Site may contain typographical errors or inaccuracies and may not be complete or current. KOL therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of KOL and/ or the property of the parent brand, subsidiary/ subsidiaries, our affiliate/s, partner/s or licensor/s, and is protected by Indian and international laws, including laws governing copyrightsand trademarks. Except as set forth hereunder, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose, without our prior express consent. You are granted 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. A website that links to the Site (i) shall link to, but not replicate, any and/or all of our Content; (ii) shall not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) shall not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) shall not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) shall not link to any page of the Site other than the home page. We may, in our sole discretion, require that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. You further agree and undertake to pay, as damages, sustained by us/ the brand/ goodwill/ name in trade, such amount that shall be computed and demanded by us, without objecting to such amount so claimed as damages,in case any of your act/s results unauthorized usage, reproduction, duplication, copying, selling, reselling, accessing, modification, or otherwise exploiting our content and disparaging and/ or showing our mark/ trade name/ product/ services/ content in an inferior light or giving misleading and/ or wrongful information.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set hereinabove without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

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 a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license 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.

When you transmit, upload, post, share, distribute, reproduce, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form) or any other site, you are entirely responsible for such User Content. Such User Content constitutes a Submission (explained above). Further, some content that you share or upload, such as photos or videos, whereunder you have tagged up or our product/ s, may be protected by intellectual property laws. You own the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on Facebook, Instagram, or any other site/s whereunder you have tagged us, our company, our brand/s, our product/s. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our services, we need you to give us some legal permission/ s (known as a ‘licence’) to use this content. This is solely for the purposes of providing and improving our Products and services as described above. Specifically, when you share, post or upload content on the internet that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. This means, for example, that if you share a photo on Facebook, Instagram, or any other application over the internet or otherwise whereunder we have been tagged, you give us permission to store, copy and share it with others; we shall take enormous care and pay suitable attention that in no way your content is not disparaged or shown in a negative light by us at any point in time. You give us permission to use your name and profile picture (if any/ all, uploaded by you while creating an account with us or by logging into using Facebook, Instagram or any other platform over the internet or otherwise, the profile picture/s and other information available on those platform/s). If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on Facebook), we retain all rights to that content. You can only use our copyrights or trademarks (or any similar marks) as expressly permitted with our prior written permission. You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile from us. You undertake to not show our product/ s in a derogatory manner against any other product/ s of any other brand.

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

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, including without limitation, a KOL representative or Artist, forum leader, guide or host; (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 hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content. 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 and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

Limited instances where we may share your personal information include:

  • When we have your consent. This includes sharing information with Facebook when you’ve chosen to link it to your KOL account or publish your activity on KOL cosmetics to your wall.
  • We may employ third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy. In addition, some of the information we request may be collected by third party providers on our behalf.
  • If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or KOL; or to detect, prevent, or otherwise address fraud, security or technical issues.
  • We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.
  • We may also share aggregated or non-personally identifiable information with our partners or others. For example, we may tell a business using KOL how many people viewed any product or category of products or even most popular sold brand from our website, most searched color, etc.

Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Content. Nothing contained in these Terms or on the Site should be construed as granting, by implication or otherwise, any license or right to use any Content in any manner without the prior written consent of us or of such third party that may own the Content or intellectual property displayed on the Site.

Payments for the products available on Site and app may be made in the following ways:

– UPI, Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
– Online payments are instant payment options and recommended to ensure faster processing of your order.

– Cash On Delivery option is available for limited areas only.
All online payments are handled by authorized Payment Gateways considering transaction security measures mandated by RBI and other regulatory authorities. KOL is not responsible for any breach of information, or inappropriate transactions.

Order once accepted will be delivered usually within 7 to 10 working days. Delivery times are affected by product availability, customers’ geographic location, shipping destination & courier partner’s delivery time to location. Minimal fee of Rs. 50/- applicable on orders below a specific amount shall be levied, as decided by KOL. Additionally, cash on delivery fee may be applicable regardless of the order value.  In case of one or more defective products in your order, please register a single complaint as the return/replacement will be arranged only once. Customers are advised not to accept tampered or damaged shipments. The costs of the products and shipping costs may change anytime without prior notice. The cost of the product payable shall be the price as on the date of placing an order with on online or otherwise.

Delivery will be made to your home address indicated to us unless you select otherwise in your order. The risk of loss of Products and title to the Products will pass to you upon delivery of the Products. KOL will not be responsible for non-delivery, wrong or late delivery of an order caused by the provision by you of incorrect or incomplete information. We reserve the right to unilaterally cancel an order placed by you at any time if we reasonably suspect that you are in breach of any of these Terms. We will refund in full any payment you have already made.

There may be certain orders that KOL cannot accept, and therefore, we reserve the right, at our sole discretion, to cancel any order. Some reasons may include errors in pricing, certain issues identified by our fraud avoidance department or any order placed using a technological glitch/loophole, etc. We will notify you in case your order has been canceled fully or partially or if any additional information is required to ship your order.

Refends shall be effected only in case of receipt of defective product/ s received by you. No other refunds shall be entrtained by KOL considering the nature of the product . If there is any defective product received through an order placed on KOL website or WhatsApp, you shall be required to get in touch with KOL via phone, WhatsApp chat, e – mail, highlighting the problem with photographs. You shall not take to social media, including but not restricted to your personal Facebook, Instagram, Youtube, or any other social media platform and whatever other social media accounts available disparaging the image of KOL brand by posting images or writing content about the defective product.  No refund shall be effected in case you get an infection upon the use of a product you are allergic to or due to use of another product/ s that you are allergic to along with KOL product/ s. In case of you claiming an allergy/ infection having been contracted due to use of any KOL product, kindly write to us and append thereto a doctor’s certificate stating that the allergy/ infection was caused due to the use of the product and not because you already were allergic to the product used. In any case, you shall write to KOL at info@kingdomoflashes.com and not take to any social media platform/ s as referred to above.

Refunds of defective products (defective from source point of KOL only) are processed in a maximum of 15 days from the date on which www.kingdomoflashes.com cancels the order. In case of prepaid orders through Credit Card, Debit Card or Net Banking, the amount will be transferred back to the account from which it was paid. In the case of Cash-on-Delivery order, a refund cheque will be deposited in your bank account in favor of the “Billing Name” used while placing the order or an NEFT transfer will be attempted. Please note that Cash-on-Delivery charges and Shipping Charges (if applicable) are not refundable.

We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Copyright Act, 1957, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement; please send an e-mail or written notice for notices of infringement at info@kingdomoflashes.com.The site and its content and services are presented “as is.” neither we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these site terms and conditions or the site or its contents or services.

You agree that neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable in contract, warranty or in tort (including negligence) 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, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed Rs. 25,000/-.

You agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the site, termination of your use of the site is your sole remedy.  We have no other obligation, liability, or responsibility to you.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. 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.

With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Mumbai, India.

Any dispute relating in any way to your use of the site, these site terms and conditions, or the relationship between the parties (other than claims relating to the intellectual property rights of KOL or our parents, subsidiaries, affiliates, partners or licensors or claims in equity) shall be submitted to arbitration in Mumbai, India under Arbitration and Conciliation Act, 1996(Amendment 2019) and you agree and undertake to submit yourself to the jurisdiction and proceedings thereof. Arbitration means that an arbitrator will decide the claim, and you will not have the right to sue in court to decide your claim. Your rights to prehearing exchange of information and appeals may also be limited in arbitration. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

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 e-mail or on your mobile number/ s or by posting notices on this Site. By providing the e – mail id and mobile phone number, you consent to receiving notices over these platform/ s and that you are aware that such a consent would override the DNC reservation/ s laid down under TRAI. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at info@kingdomoflashes.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically. 
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications.

You acknowledge and agree that these Terms and Conditions 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 these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the 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.

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