General Terms of use of Website
These Website (“Terms “) are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. These Terms are an “electronic record” as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.
1. Introduction:
- The website http://www.theaestheticliving.com is operated by Aesthetic Living a Partnership Firm under the Indian Partnership Act, 1932(hereinafter “AESTHETIC LIVING”, “we”, “us” or “our”) having its registered office at 7542/7, G.F. Ram Nagar, Paharganj, New Delhi – 110 055. Use of the “Website” and its services is governed by these Terms of Use (“Terms”).
By using the Website, users signify they have carefully read, understood and agree to be bound by these Terms. When users transact or browse through the Website or avail any service provided by the Website, in present or future, users accept and agree to be bound by these Terms, policies, guidelines and conditions of AESTHETIC LIVING’s service.
These Terms could be changed, altered, edited, amended, modified, reviewed, revised or substituted by AESTHETIC LIVING at any time with or without prior notice and users are requested to read the Terms before using or accessing the Website.
a. We intend to sell original merchandise through the Website including but not limited to essential oils, Candles, Diffusers, Handmade Soaps etc., designed or created by Aesthetic Living.
b. Users access to the Website is subject to these terms and conditions (“Terms”) set out hereinafter and the ‘Privacy Policy’, ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be introduced by AESTHETIC LIVING from time to time.
2. Acceptance of Terms:
- These Terms have come into effect immediately.
a.Use of the Website is available only to users who are “competent to contract” under Indian laws. All persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 cannot use the Website. Thus, if a user is under 18 years of age or is an un-discharged insolvent, the user is prohibited to use this Website or purchase any products from this Website or enter into any form of contract with AESTHETIC LIVING.
Also, the Website shall not be available to users whose membership has been suspended or terminated by AESTHETIC LIVING for any reason whatsoever.
b. By using the Website or purchasing products from the Website through any online device including but not limited to Desktop, Laptop, Mobile or Tablet devices, user deemed to have read and understood these Terms and Policies signifying user’s acceptance to be bound by them in entirety.
c. Except where additional terms and conditions are provided which are product specific, these Terms shall supersede all previous representations, understandings, arrangements or agreements.
d. If you have any queries about the Terms and Policies or have any comments, suggestions or grievances on or about our website, please mail us your query at info@theaestheticliving.com.
3. Privacy Policy and Other Policies:
- By accessing the Website or sharing personal information on the Website, users allow AESTHETIC LIVING to use their information including personal or sensitive personal data / information (“Information”) as provided or may be provided to AESTHETIC LIVING and stored by the Website in electronic medium in connection with user’s visit on the Website or ordering products made available on the Website, etc. It is further clarified that the term Information shall also include any information made available to us by user at the time of registration, buying or listing process or in the feedback area, blog area or through any of e-mail feature or a written letter or form mailed or submitted to any of our stores and/or offices. User’s Information shall be protected by us in accordance with our Privacy Policy.
- By accessing the Website or purchasing products from the Website through any online device including but not limited to Desktop, Laptop, Mobile or Tablet devices, user deemed to have read and understood these Terms and Policies. User hereby further consent that the terms and contents of such Privacy Policy are acceptable to them.
- In addition to the Terms and ‘Privacy Policy’, user shall also be bound by ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be introduced by AESTHETIC LIVING from time to time.
- We reserve the right to modify or update these Terms including any policy at any time without prior notice. When user accesses the Website after any modification or revision of these Terms or any policy/policies it shall constitute user’s acceptance to be bound by such modified Terms or any policy/policies. If required by any applicable laws, the modified or revised Terms or any policy/policies shall be applicable to any products already purchased prior to such modification or revision becoming effective.
- By using the website, user acknowledge that these Terms and policies including any modification(s) thereof constitute a valid contract between user and AESTHETIC LIVING, even though it is in electronic form and is not physically signed by user and AESTHETIC LIVING. Thus, user acknowledge and agree that by mere usage of the Website, user shall be contracting with AESTHETIC LIVING and these Terms and various policies will be binding upon the user.
- If Indian courts, for any reason hold any of the condition of the Terms or policy/policies as invalid, void or unenforceable, to any extent or in any particular context, such condition of the Terms or policy/policies only shall be deemed to be severed/deleted only for such limited extent/context as determined by the Indian court provided however that, in such event these Terms or any policy shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Indian laws, to the meaning and intention of the excluded condition of the Terms or policy/policies as determined by such Indian court and the validity and force of the remainder of this Agreement shall not be affected.
- Unless context otherwise require, all policies whether in force presently or introduced subsequently shall be deemed to be part of these Terms. In case of any conflict between Terms and any policy the provisions of such policy shall prevail.
4. Limited Usage of Website:
- All intellectual property rights in the Website and the proprietary rights of the Website are owned by and/or licensed to, AESTHETIC LIVING. It is further clarified that the Website including Information, all other contents on the Website such as software, images, audio, videos, photographs, graphics, text, description, logos, text, program, software, database, trademarks, icons, etc., is either owned by AESTHETIC LIVING or is licensed to, AESTHETIC LIVING. User shall not use any intellectual property of AESTHETIC LIVING or AESTHETIC LIVING’s licensor in any manner without prior written permission from AESTHETIC LIVING or from respective licensor.
- AESTHETIC LIVING grants you a limited, revocable and non-exclusive licence to access and make personal and non-commercial use of this Website, but not to download (other than page caching) or modify it, or any portion of it. It is clarified that limited licence to access Website shall exclude: i. any commercial use or derivative use of this Website or its contents by user; or
- any extraction, reproduction, duplication, downloading, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of any whole or part of the contents of Website including product(s) their descriptions and/or prices for any purpose by user; or
- any extraction, reproduction, duplication, downloading, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works in any manner, any Information, either in whole or in part, including account details of AESTHETIC LIVING’s employees/ customers /suppliers /designers /models for sale, resale or for the benefit of third parties by user; or
- any reverse engineering, distribution, transfer, transmission, publication, sale, resale, display or licensing any Information available on the Website by user.
- It is further clarified that any extraction, reproduction, duplication, downloading, or copying of any content of the Website for commercial or non-commercial purposes or unwarranted modification of Information or content of the website by any user is not permitted.
- AESTHETIC LIVING reserves the right to temporarily or indefinitely suspend or terminate any user membership and refuse to provide the user access to the Website without any liability if the user makes any unauthorised use of the Website or breach these Terms or any policy or violate any applicable Indian laws while accessing Website or purchasing products from AESTHETIC LIVING.
5. Website Contents:
- We at AESTHETIC LIVING strive to keep the website accessible and error free, however we cannot guarantee the same. Thus, AESTHETIC LIVING or its consultants, contracted parties, technology partners make no representations or warranties about the accuracy, reliability, suitability, timeliness, up-gradation and/or wholeness, of any content, graphics, images, information, software, text, audio, video, links or communications provided on or through the use of the Website or that the operation of the Website will be error free.
- The Website is updated periodically with respect to, product(s) and to the price/ information/ contents of the Website. AESTHETIC LIVING and/or its respective suppliers may make improvements and/or changes in the Website, product(s) at any time without any prior intimation or any liability to anyone.
6. User Account, Password, Security and Communication:
- The responsibility for accuracy of the details provided to us during registration process for user account or while placing an order as a guest are correct and complete is solely of the user.
- Registered users are requested to update any changes to the account information to enable us to serve you better.
- If a user is registering as a business entity (i.e. limited company, partnership, limited liability partnership, trust, society, association of persons, etc.), user represents that they have the authority to bind such entity which the user is representing with these Terms.
- User shall ensure not to provide false information about themselves or anyone else (including, without limitation, when you are being asked on the Website to provide accurate information about user’s age), and that user shall not impersonate or appear to impersonate anyone else or otherwise misrepresent their affiliation with any person or entity.
- User shall be solely responsible for maintaining the confidentiality of the password and account details. User shall be fully responsible for all activities that occur through their account. AESTHETIC LIVING shall not be liable to any person for any loss or damage arising as a result of user’s failure to maintain confidentiality of their account details, password and even comply with these Terms.
- User shall ensure to exit/sign off from their account at the end of each session.
- In case user know or suspect that there has been an unauthorised use of their account or password they shall immediately notify AESTHETIC LIVING.
- If we have a reason to believe that there was an unauthorised access of user account or misuse of the Website, we may, for security reasons either (i) request user to change password or (ii) we may suspend user account without any liability to AESTHETIC LIVING.
- User shall understand that we will never ask user to disclose or share their password. Please do not reply to any such e-mail or correspondence requesting disclosure of your password.
- User also agree and confirm as under:
- While registering yourself or while placing an order as a guest, you shall provide accurate, correct, complete and up to date information about yourself as requested over the Website. Please note that product(s) to be delivered to you will be dependent upon the Information provided by you. Thus, AESTHETIC LIVING will not be responsible if the information provided by you is inaccurate, false, incomplete or not up to date;
- AESTHETIC LIVING reserve the right to verify and confirm the Information provided by user at any time. If upon verification it is found that the Information shared with AESTHETIC LIVING either as a registered user or a guest, is inaccurate, false, incomplete or not up to date in accordance with the Terms, AESTHETIC LIVING reserves the right to:
In case of registered user:
1. Temporarily or indefinitely suspend or terminate user membership and refuse to provide you with access to the Website without any liability; and/or
2. Reject user purchase order or stop delivery of the products, without any liability;
- In case of a guest user:
We Reserves the right to reject user purchase order or refuse to deliver the products to the address provided by you without any liability;
7. Access to Website:
- Website may briefly unavailable for any reason including, without limitation, upgrading of the Website/technology, introduction of new product(s), computer resource repairs and Website maintenance, etc.
- In no event shall AESTHETIC LIVING be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- use or the inability to use or delay in use of the Website;
- unauthorized access to or alteration of the user's transmissions or data;
- any other matter, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website;
- provision of or failure to provide access to Website or any information, products through the Website;
- non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or pursuant to directives from government authorities or for any reason beyond AESTHETIC LIVING’s control.
Interruptions in the Website shall not serve as a basis to terminate your subscription, purchase order or demand in full or partial refund of any payment made or any reductions in future payments to be made.
8. Posting user Review, Comments, Feedback on website:
- AESTHETIC LIVING look forward to user’s feedbacks, suggestions, reviews and invite them to convey ideas and other submissions (collectively “Views”) on the Website or by letters or e-mails as long as the same is not violating any Indian laws and is in accordance with these Terms.
- These User Views are personal opinions of the author of the same and AESTHETIC LIVING neither subscribes to them nor assume any responsibility or liability for the same. For avoidance of any doubt, we like to add a Disclaimer as below:
Disclaimer: Views on the content of the Website, products, etc. are individual opinions of the visitors based on their own knowledge or experience.
- In case any of the Views expressed by the user on the website violates Indian laws or are contrary to any of the Terms and Policies, AESTHETIC LIVING, without any liability or prior intimation, reserves the right (but not an obligation) to remove, delete, edit or refuse to retain on Website any such View that in the sole judgment of AESTHETIC LIVING violates these Terms or any Indian laws. AESTHETIC LIVING may, if deemed fit, even suspend or deny user’s access to the Website.
- If a user post Views on the Website or send their Views by e-mail/letter, they agree:
- All Views shall remain property of AESTHETIC LIVING and we shall have irrevocable, perpetual and worldwide intellectual property rights in the Views. Thus, AESTHETIC LIVING has exclusive, royalty-free and fully sub-licensable rights to commercially exploit the Views.
- AESTHETIC LIVING will be entitled to display, distribute, disclose, reproduce, modify, adapt, publish, translate, create derivative works from such Views throughout the world in any media for any purpose whatsoever, without any restriction and without any need to compensate user; and
- AESTHETIC LIVING and its associates, consultants, contracted parties have the right to use the name that user submit in connection with such Views, if deemed fit.
- User agree to waive their rights to be identified as the author of such Views;
- User represents and warrant that the Views submitted on the Website are their personal Views and do not violate any Indian laws or do not hurt any person or entity further that the Views are not defamatory.
- User agree to indemnify AESTHETIC LIVING and its associates, consultants, contracted parties, etc. for any claim against AESTHETIC LIVING or its associates due to posting of Views on the Website in breach of these (i) Terms or (ii) any of these representation or warranties or (iii) any applicable Indian laws.
9. User Obligations:
- Users agree and accept, inter-alia, the following:
- They will abide by all intellectual property right notices, information, and restrictions contained in or associated with any of the products or the Website content;
- Any products sold by AESTHETIC LIVING, its affiliates, any contractors, will be used by the user for lawful purposes only and intended use of the products shall comply with all applicable Indian laws.
- They shall monitor and restrict use of Internet by minors including minor’s access to the Website. You accept full responsibility for any unauthorized use of the Website by the minors including use of your credit card(s), debit card(s) or other payment instrument (e.g. PayPal) by minors to place any orders on Website. For avoidance of doubt, a minor means person who has not completed 18 years of age.
- User agree and accept that, amongst others, they shall not, directly or indirectly:
- Breach any applicable Indian laws or these Terms while using the Website, purchasing any product through Website;
- Access the Website using a false identity or on behalf of anyone else other than yourself.
- Use AESTHETIC LIVING’s Website or its product(s) for non-personal use or for commercial use for example: use of the contents on the Website for any advertisement or solicitation or for gathering or transferring products purchased from Website for further sale.
- Portray AESTHETIC LIVING, its product(s) in an offensive, hateful, defamatory, inaccurate or false manner.
- Commit or omit to do anything which will adversely tarnish goodwill or reputation of AESTHETIC LIVING, its associates, contracting parties, suppliers/designers, etc.;
- Gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any other person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt in any way the operation of the Website or any parts thereof;
- Create or submit a submission including any View that is unlawful, grossly offensive, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable Indian laws, rules, regulations or regulatory guidelines under the laws of India or that infringes or violates other parties' privacy rights or links to infringing or unauthorized content or pornographic content.
- Send on behalf of AESTHETIC LIVING spam, chain-letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials to anyone including existing customers/designers of AESTHETIC LIVING or users of the Website;
- Harass, bully, stalk, harm, defame or disparage or otherwise cause mental or physical distress or injury to anyone, or engage in any other unlawful or objectionable conduct while using the Website, purchasing any product through the Website;
- Use the Website or purchase any product through Website to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material, data or information, whether personally identifiable or not, posted by or concerning any other user of the Website;
- Violate any of the intellectual property rights or proprietary rights of AESTHETIC LIVING, its licensors, its associates, contracted parties, or any third party, etc. while using the Website, purchasing any product through the Website;
- Use software or applications such as bots, crawlers, spiders, offline readers or other automated systems to access or use the Website for illegitimate purpose or for gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any other person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt the operation of the Website or any parts thereof. For avoidance of doubt, AESTHETIC LIVING reserves its right to prevent anyone from using such software or application even if these software or applications are harmless;
- Misrepresent or suggest, whether expressly or impliedly, about their association with AESTHETIC LIVING as anything other than the user of Website or purchaser of AESTHETIC LIVING’s product(s);
- Transmit any material that contains adware, malware, spyware, software viruses (such as time-bombs, cancel-bots, worms, trojan horses), or any other computer code, files, or programs designed to interfere, disrupt, interrupt, destroy, or limit the functionality of the Website, any computer software or hardware or telecommunications equipment of AESTHETIC LIVING;
- Remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation to geo-IT filtering and/or encryption) associated with the Website or any Website features.
10. Hyperlinks:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AESTHETIC LIVING and AESTHETIC LIVING is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to the terms of use or privacy policy of the Linked Site. It is clarified that mentioning of Linked Sites in the Website does not imply
(i) endorsement by AESTHETIC LIVING of the Linked Sites or
(ii) any association with its operators unless expressly specified.
11. Waiver:
- If any user breaches the Terms or any policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms or any policy.
- AESTHETIC LIVING shall not be deemed hereby to have given any authorisation or deemed to have waived any rights or remedies it may have in law or equity or under these Terms or under any policy, unless and only to the extent, it does so by a specific writing signed by a duly authorized officer of AESTHETIC LIVING.
12. Indemnity and Release:
- User shall indemnify and hold harmless AESTHETIC LIVING, its subsidiaries, associates, consultants, contracted parties, etc., and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any policy/document incorporated by reference or your violation of any laws, rules, regulations or the rights of a third party.
- User hereby expressly release AESTHETIC LIVING and/or its associates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of AESTHETIC LIVING’s suppliers, fashion designers, vendors, courier companies or other parties and specifically waiver any claims or demands that they may have in this behalf under any statute, contract or otherwise.
13. Force Majeure:
- Neither party will be held liable for any loss or failure to perform any obligation (other than user’s payment obligation where user are still receiving all or part of any products purchased under these Terms), due to events such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any governmental act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, of any circumstances (other than insolvency of the party) beyond any party’s reasonable control (“Force Majeure event”).
- Party affected by Force Majeure event shall as soon as reasonably possibly send a written notice to the other party of occurrence of Force Majeure event. If the Force Majeure event continues for more than 3 months from the date of placement of purchase order for any product(s), either party may cancel the purchase order immediately by giving the other party a written notice of the termination of contract.
- In case of termination of contract/purchase order due to Force Majeure event, user further agree to make payment for the product(s) so delivered prior to occurrence or during the occurrence, if any of the Force Majeure event.
14. Governing Law and Jurisdiction:
- Terms and any policy shall be governed by and construed in accordance with the laws of Republic of India.
- Any dispute or difference either in interpretation or otherwise, of any conditions of the Terms hereto, the same shall be referred to the courts in Delhi, which shall have exclusive jurisdiction.
15. Infringement of Intellectual Properties:
- The contents on the Website shall also contain information provided by AESTHETIC LIVING’s suppliers, fashion designers, vendors or other parties whose merchandise AESTHETIC LIVING invites users of the website to purchase. Generally AESTHETIC LIVING tries to verify the information coming from its suppliers, vendors, fashion designers, etc. before publishing it on the Website. However, on certain occasions, AESTHETIC LIVING may have to take such information on face value and publish it without any further verification. Thus, if any of the material is found to be objectionable or is found to have violated any intellectual property rights, the responsibility of this would be with AESTHETIC LIVING’s suppliers, vendors, fashion designers, etc. who provide AESTHETIC LIVING with information as well as merchandise.
- AESTHETIC LIVING respects the intellectual property rights of others and expects its users to do the same. In particular, if you are an intellectual property owner and believe that any content on the Website infringes upon your intellectual property rights, you may submit a notification of the same to info@theaestheticliving.com or write to us at the address mentioned in ‘Notice’ clause. with the following information in writing:
- A physical or digital signature of a person authorized to act on behalf of the owner of an intellectual property right that is allegedly infringed.
- A legibly scanned copy of the relevant registration certificate obtained from the relevant authority or evidence relating to the claim of your ownership in the intellectual property for which you (the complainant) seek to enforce against the allegedly infringing work(s).
- Identification of the intellectual property claimed to have been infringed, or, if multiple intellectual properties/works at a single online site is covered by a single notification, a representative list of such intellectual properties/work at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an e-mail is the best way to help us locate the content quickly.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that the complaining party has a good faith in belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and Attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an Attorney.
16. Notices and Communication:
- Any notice to AESTHETIC LIVING under this Agreement may be delivered by prepaid post to following address AESTHETIC LIVING 7542/7, G.F. Ram Nagar, Paharganj, New Delhi – 110 055. E-mail: info@theaestheticliving.com.
- AESTHETIC LIVING shall send notices to user electronically to the e-mail address provided by user or may send a physical notice either by recognized courier service or prepaid post to the address provided by user. For avoidance of doubt, it is clarified that sending of notice by AESTHETIC LIVING either by e-mail or prepaid post/courier service shall be deemed to be valid and effective service of notice by AESTHETIC LIVING.
- Further, user will be required to provide a valid phone number while placing an order with us. We may communicate with you either by e-mail, short message services (SMS), phone calls or by posting notices on the Website or by any other mode of communication to fulfil user order. Thus, by providing the information, user consent to receive communications including SMS, e-mail or phone calls from us with respect to their order or any offers or promotions.
17. Miscellaneous:
- AESTHETIC LIVING requests user to abstain from providing wrong, invalid or fictitious e-mail address and thereby cause AESTHETIC LIVING send invitations to wrong recipients. User agree to indemnify AESTHETIC LIVING for any harassment claim made against AESTHETIC LIVING due to such wrong, invalid or fictitious e-mail addresses provided by user.
- In addition to the Terms and various policies, AESTHETIC LIVING reserves to set out separate terms and conditions for any gift vouchers, offers or discounts offered by AESTHETIC LIVING on any of its product(s).
- In case of a conflict in the Terms, the decision of AESTHETIC LIVING shall be final and concluding, and user irrevocably withdraw their right to make any claim or demur on this ground.
- The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer resource or loss of data that results from the download of such material and/or data.
- In case of any grievances with respect to
(i) the Website or any contents of the Website please contact us by sending e-mail to info@theaestheticliving.com; or
(ii) products purchased on the Website, please contact us by sending email to info@theaestheticliving.com