Terms and Conditions

TERMS & CONDITIONS

 1.Use of Platform

 Your use of the services and features of the Platform shall be governed by these terms and conditions (hereinafter "Terms of Use") along with the  (hereinafter "Policies") as modified and amended from time to time.

This Website www.gunambeauty.com  ( “Website" “Site” or “Platform”) is owned and operated by Gunam Beauty Private Limited ("We" “Us” or “Our Company”), a company incorporated under the provisions of the Companies Act, 2013 with its registered office at 22-D, Tritvam, Marine Drive, Kochi, Ernakulam, Kerala – 682 018, India. These Terms of Use govern all the products offered on the Platform.

 By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Policies, whether you have read the same or not. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform.

You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material.

 We reserve the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

 2. Privacy Practices

 We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by us in accordance with the terms of and purposes set forth in the Privacy Policy, subject to amendments from time to time at the sole discretion of our company.

 3. Your Account

 This Site is directed to be used by persons above 18 years of age only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians.

 We do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature

 If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature

 If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Us' provided in our website. If we find a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to our Company.

 We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in our best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

 4.Product & Services Information

 Our website attempts to be as accurate as possible in the description of the product. However, we do not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

 We reserve the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

 5. Modes of Payment

 Payments for the products available on the Website may be made in the following ways:

 Credit Cards, Debit Cards, Net Banking, UPI, Wallets, e-Gift cards, and reward points.

Credit card, Debit Card, UPI and Net Banking payment options are instant payment options and are recommended to ensure secure and faster processing of your order. Cash On Delivery option is not presently available. The Company reserves the sole right to decide the products and jurisdictions for which cash-on-delivery will be made available. We employ the following payment service providers to fulfil our payment-related needs.

 6. Recommendation of the Product & Services

 Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by us in any manner.

 7. User Content

The content you may submit to us including name, personal information, photos, images, tips, testimonials, advice, essays or stories, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (" User Content ") are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content.

 You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that, belongs to another person and to which the user does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever; insinuates harming minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate any other person or organization, including without limitation, the personnel of Gunam Beauty Private Limited; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 By posting on the social media pages of Gunam Beauty Private Limited, you acknowledge that others might view, share, interact with your posts, and we shall not warrant for any misuse that may arise out of such posting.

 You hereby waive all rights to any claims against our Company 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 understand and affirm that you hold no ownership rights in any and all materials that you may submit to us, to any account that you may have with our website, or with regards to any of the other features or access within this site. By posting, publishing, or displaying any User content within this website or through this website, you provide to our Company, a limited, non-exclusive, sub-licensable, global, fully paid, royalty-free, and irrevocable license to use, alter, publicly post, publicly display or distribute such User Content that you may submit to this website or through this website in any forms of media currently existent or that may be developed without being obliged to make any payment, or seek permission in this respect from you or any third party.

 You hereby acknowledge that our Company has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms of Use, we have the right to remove any User Content that violates these terms and conditions or is otherwise objectionable and further reserves 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.

 If you wish to delete your User Content on our Platform, please contact us by email at contact@gunambeauty.com. We request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Platform, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

 8. Third Party Links

Our website may contain links to third party services and give you the ability to access such third-party websites, apps, products, and services. Please note that you may proceed to the use of such third-party website or service at your own risk and the Company will not be held liable for any outcome or harm arising as a result of your use of such third-party websites or services. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. 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.

 9. Intellectual Property Rights

Our name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of our Company. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner.

 We expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of our Company and are protected by the Indian copyright laws and corresponding international treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you 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. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited.

 11.Limited License

We grant you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Website and our Company.

 We reserve the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Platform.

 12. Representations and Warranties

 This Site is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. We shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.

 You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

 Our Company shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. We do not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Platform.

 Our Company through the website also intends to provide its users with general information about beauty and healthcare topics and products. This Site encourages its users to interact with us by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Website or on social networking sites, including the Website’s Facebook or Instagram page, or any information provided over chat or e-mails exchanged with our Company, its employees or representatives (collectively referred to as " Information ") which are in furtherance of any communication made by the user with us, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While we take reasonable care to ensure that the Information is accurate, we make no representation and take no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by us, he/she may do so at their own risk. Under no circumstances will our Company, its employees, representative or affiliates be liable for the Information provided or published by us or the consequences of relying on such Information. For any general information posted on the Website, users must not infer or assume that such information necessarily applies to them.

 14. Disclaimer of Warranty and Limitations of Liability

 The site is presented "AS IS." Neither we, nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

 You agree that, to the fullest extent permitted by applicable law, neither we, nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, 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) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during access of hyperlinks to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of our Company. We make no representations or warranties that defects or errors will be corrected.

 Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.

 This disclaimer constitutes an essential part of this Terms of Use.

 15. Termination

 These Terms of Use are effective unless and until terminated by either you or us.

 You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. We may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to us.

 Upon any termination of the Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the Terms of Use.

 16. Indemnity

 You agree to defend, indemnify and hold harmless our Company, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

 17. Governing Law and Jurisdiction

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Ernakulam, Kerala shall have exclusive jurisdiction.

 Without any prejudice to the above, we shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect our trade-mark(s) or other intellectual property rights or Confidential Information.

 18.Site Security

 You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” sending unsolicited email, including promotions and/or advertising of products or services; or forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

 We are entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Site and other than generally available third-party web browsers (e.g., Google Chrome, Netscape Navigator, Microsoft Explorer).

 19. Entire Agreement

 If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and us with respect to the Site and its services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

 Our failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

 20. General

 You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersedes and governs all prior proposals, agreements, or other communications.

 We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. 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, affiliation, joint venture 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.

 If you have any questions regarding these terms and conditions, please email us at contact@gunambeauty.com

 21. Contact Information:

 Customer Care

 E-mail ID: contact@gunambeauty.com

Phone: +91-7736945888

 Grievance Redressal Officer

 Email ID: customersupport@gunambeauty.com

Phone: +91-7736945888

Contact Days: Monday to Saturday (9:00 a.m. to 6:00 p.m.)

Sunday: Holiday