Terms & Conditions of Use
Crisha Beauty & Wellbeing Private Limited (CIN: U24299DL2021PTC379184) having its registered office at B-2/604 Plot No -27, Sec-12 , Sunny Valley, CGHS , Dwarka, Delhi New Delhi DL 110078 IN , a Company incorporated under the Companies Act 2013 (Hereinafter called the “COMPANY” OR “Crisha Beauty” OR “US/OUR” in First Part which expression means and include its subsidiary company, holding company, associated company, authorized representative, its director and other key managerial persons)
1. WHEREAS the Company has engaged in the business of developed Facial Tools, Crystal Bracelets, Salt and Essential oil scrubs, Energy cleansing sprays apart from other in line well being products.
2. WHEREAS many Territory Business Partner desires to obtain the right to distribute the products of Crisha Beauty but under the flagship owner and onus of Crisha Beauty only to the prospective clients and based on the representation and undertakings of the Territory Business Partner agreed to grant the right to distribute its products on a non-exclusive basis in Territory at Pan India level on terms and conditions.
DEFINITIONS AND INTERPRETATIONS
In this Agreement, the following words and or expressions shall have the following meaning
a. AGREEMENT shall mean this Agreement including the recitals, attachments, schedules, and its amendments that form an integral and inseparable part of this Agreement.
b. BOARD RESOLUTION means a decision taken by the Board of Directors of the company.
c. AUTHORIZED REPRESENTATIVE shall means and includes the person who acts on behalf of the company who is authorized by way of Board Resolution respectively.
d. AUTHORITY LETTER means a document through which authority is provided to a person to act on behalf of the company.
e. PRODUCT DESCRIPTION: Facial Tools, Crystal Bracelets, Salt and Essential oil scrubs, Energy cleansing sprays apart from other in line well being products.
f. TECHNICAL INFORMATION : The term technical information includes but is not limited to the process, practices, formulae, techniques, procedures, relating to business development and site selection or evaluation, plans and drawings, technical know-how, equipment specifications and information which is used for the development of the products and forms a part of the confidential information owned by the Company.
g. TECHNOLOGY: Shall mean and include the technical information and know-how to sell the product as manufactured/developed by the company.
h. TERM: A time period from the date and time of placing the order till the product shall be delivered to your described place and location.
i. INTELLECTUAL PROPERTY shall comprise of any or all of the following:
i. Trade Marks, Logos and any other Insignia;
ii. Trade Name;
iii. Copyright and Design copyright including (but not limited to) design, décor, color scheme equipment, particular feature of equipment or material in writing or in source or object code form including, but not limited to the Operations Manual, or other work relating to the Business System held by the Company and/or any Affiliate, Knowhow and methods used in or in connection with the business or in the System.
j. SPECIFICATION shall mean the specifications for the Product as directed by the customer, together with any additional specifications or modifications to the specifications that may be agreed to in writing via filling up the form or sharing the information by any of the modes as prescribed by the Company.
k. ARBITRATION: The Arbitration and Conciliation Act, 1996 means a form of alternative dispute resolution is a way to resolve disputes outside the Court by way of appointing Arbitrator.
l.“CONFIDENTIAL INFORMATION” any trade secret or other information which is confidential or commercially sensitive and which is not in the public domain (other than through the wrongful disclosure by the Employee) and which belongs to any Group Company (whether stored or recorded in documentary or electronic form) and which (without limitation) relates to the business methods, management systems, marketing plans, strategic plans, finances, new or maturing business opportunities, marketing activities, processes, inventions, designs or similar of any Group Company, or to which any Group Company owes a duty of confidentiality to any third party and including in particular [insert other specific named items of Confidential Information as suits in the industry], if the customer found to use such information in his/her interest and in a way to hamper the reputation and branding of the Company, then all those information are termed as confidential information and liable to be prosecuted accordingly.
TERMS AND CONDITIONS
NOW THEREFORE THE PARTIES HEREBY AGREE to execute this Agreement in consideration of the mutual promises, covenants, representations, warranties and in accordance with the terms and conditions set out hereunder:
1. Generic Terms and Conditions
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. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or Court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
2. Terms of Modification
The Crisha Beauty may at any time modify the terms and conditions ("Terms") of the Service without any prior notification and the revised version shall be available on the site. In the event of you not agreeing to the revised terms, then you should stop using the site. By continuing the usage of this site you are agreeing to the revised terms and conditions.
4. Intellectual Property Right
The Crisha Beauty respects the intellectual property of other and respectfully submit all material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Crisha Beauty and is protected by Indian and International Intellectual Property Law (as applicable), including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.
The compilation of all content on Website is our exclusive property, and is protected by laws of India and international copyright and database right laws. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written intimation to our Designated Agent for notices of infringement and provide the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
ii. Identification of the copyrighted work(s) that you claim has been infringed;
iii. A description of the material that you claim is infringing and the location of that material on the Site;
iv. Your address, telephone number and email address;
v.A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You agree to defend, indemnify and hold Crisha Beauty harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions and 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.
6. Disclaimer of Warranties; Limitation of Liability
The site and its content and services are presented "as is." We make no 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 we will not be responsible or liable in contact, 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, mis-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 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, we will not 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 Rupees Five Thousand only (INR 5000 /-).
Crisha Beauty personal care products are based on natural formulations. Though enormous efforts are made and precautions 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 and usage instructions accompanying each of our products 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 personal care products that you may be allergic to. You agree that Crisha Beauty will not be responsible or liable for any product related issues, including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through Crisha Beauty online, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
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.
7. Disputes Resolution
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of New Delhi, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New Delhi, India, subject to foreign legal mandatory provisions.
To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the Crisha Beauty website shall be referred to the sole Arbitrator appointed by the Crisha beauty in accordance with the law. The venue of such arbitration shall be at New Delhi, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. 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.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate Court or other judicial body in New Delhi, India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any Court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
8. Information Collection
Crisha Beauty may ask you to submit personal information in order for you to benefit from certain features (such as newsletter subscriptions, tips/pointers, or order processing) or to participate in a particular activity (such as sweepstakes or other promotions). You will be informed what information is required and what information is optional.
We may combine the information you submit with other information we have collected from you, whether online or offline, including, for example, your purchase history. We may also combine it with information we receive about you from other sources, such as other J & J Affiliates, publicly available information sources (including information from your publicly available social media profiles), and other third-party information providers.
9. Age Restriction
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 our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If you do not agree to the terms and conditions, you may not use our site.
10. Products And Services For Personal Use
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 may 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.
11. Third Party Sites and Services
12. Receiving Damaged Product
The Crisha Beauty has formulated each of its products to help you achieve your desirable self and that is why each product is formulated with extreme caution, in our care to deliver on our commitment and that is why we request you to take caution, that in the case of being delivered damaged products caused within the due course of shipping, the Crisha Beauty will not be held liable.
We offer refunds / replacements only in following cases:
You received the wrong shipment.
You received a damaged product (limited to liability assumed by Crisha Beauty).
You received an expired product.
In case of the above-mentioned unfortunate and undesired circumstances, one is requested to inform us about the same in 02 calendar days from the delivery at firstname.lastname@example.org followed by a 48 hours window to us to review your request. If one fails to inform us within the stipulated time period no return or any other claim will be accepted by us.
If the issues described by you are verified and found to be true and stood up to the parameters of our internal audits, our team will initiate a refund within 48 working hours or will replace the product.
13. Cancellation Policy
Crisha Beauty believes in effective products and efficient deliveries that is why we have incorporated and invested in a fast paced delivery mechanism which helps to dispatch your desired products with the utmost speed and efficiency and that is why we at Crisha Beauty request you replace / cancel your desired order within 06 hours of placing the original order or before the shipment begins from the logistic partner whichever is earlier else the same can’t be executed and assumed to be a valid order and you can’t deny the payment for the same.
14. Force Majeure
Events outside Crisha Beauty's control, which is not reasonably foreseeable, shall be considered force majeure, meaning that Crisha Beauty is released from its obligations to fulfill contractual agreements.
Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes, lock out, disruption of carriage way by the protesters or anyone, Covid-19 viruses or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.
If one or more provisions of this Agreement which is or may become or are held to be prohibited or unenforceable under applicable law, such provisions shall be ineffective to the extent of such prohibition or unenforceability and be excluded from this Agreement and the remaining provisions of this Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. To the extent permitted by Applicable Law, the Parties hereto hereby waive any provisions of such law that renders any provision hereof prohibited in any respect.
16. LAWS affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Both the parties agree that they are solely responsible for complying with such laws, taxes, and tariffs.
The parties hereby confirm and acknowledge that neither party directly or indirectly shall circumvent the interest of the other in the process of acquiring, filtering and usage of data of the clients and products of the company in any manner whatsoever.
18. Non-Compete and Non-Solicitation Clause
Customer hereby covenants and agrees that he/she/it will not, without the prior written consent of the Company, directly or indirectly, whether individually or through any entity controlled by Employee, will resell or damage or hamper the branding and reputation of the company under whatever circumstances. And if you have been found in the collusion of the competitor of the company, then it tantamount to be ultra-vires act on the part of the customer and the repercussions shall be as per applicable law and as per the provisions of this agreement.
19. Entire Agreement
This Agreement, including all Schedules, exhibits and addenda hereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the Party against whom the modification, amendment or waiver is to be asserted.
ACCEPTED AND AGREED
Name: Shewta Singh
Contact No.: 9313151515
Email Id: email@example.com