Terms of Use Agreement

 

Prashanti Wellness Solutions Private Limited (CIN: U52100KA2020PTC139803) is a company incorporated under the Companies Act, 2013 having its registered office at No.744, 13th Cross, 7th Block, Jayanagar, Bangalore 560070. This term of use agreement (Agreement) governs the use of content, features, and activities related to the website www.cleanbeautybooth.com (Service) owned and operated by Prashanti Wellness Solutions Private Limited This Agreement constitutes a legally binding agreement between yourself and Prashanti Wellness Solutions Private Limited

By accessing, using or viewing the Service, you unconditionally acknowledge that you understand and agree to be bound by the terms of this Agreement.

The Privacy Policy of the Service can be accessed here. Prashanti Wellness Solutions Private Limited may choose to integrate with third-party service providers on the Service and their respective privacy policy may be accessed from the respective websites. This Agreement shall remain in full force as long as you are a user of the Service and even in the event of termination of membership, service or feature, you will continue to be bound by your obligations under this Agreement, the Privacy Policy and other policies regarding shipping or refunds and any additional terms, including any indemnifications, warranties and limitations of liability.

Please ensure that you read and understand this Agreement carefully and if you do not accept the terms, do not use the Service. Prashanti Wellness Solutions Private Limited reserves the right to unliterally update/ modify or revise the Agreement or any other policies, periodically, without notice, for a number of reasons including, but not limited to complying with the applicable laws and regulations, and regulatory requirements. The most up to date Agreement will be available on the Service. At any point of time, if any change is unacceptable to you, you should cease using the Service and/or terminate your account. If, however, you continue to use the Service after the date on which the changes to the Agreement come into effect, you will be deemed to have accepted those changes.

The words "use" and/or "using" in this Agreement mean at any point in time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange data or communicate with the Service, or otherwise in any way uses, takes benefit from, takes advantage of or interacts with any function, service and/or feature of the Service, for any purpose. This Agreement does not cover your rights or responsibilities with respect to third party content. This is the entire and exclusive Agreement between you and us regarding the use of the Service.

 

  1. Account

The “Account” means the account by which you can access and enjoy the Service. Every User will be allowed to pick a unique username and password combination in order to use the Service (“Login Credentials”). Your Login Credentials are personal to you and you may not allow any others to use your Login Credentials at any time or for any reason whatsoever. You hereby accept and acknowledge that we shall not be liable for any harm caused by theft or misappropriation of the Login Credentials, disclosure of your Login Credentials, or your authorization of anyone else to use your login details. You hereby agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your Login Credentials or any other need to deactivate your Account owing to security concerns. It is clarified that all content and instructions transmitted or received from anyone presenting your Login Credentials shall be deemed to be performed under your knowledge, consent and authorization and therefore binding on you. You, the User, agree that you alone are responsible and liable for any and all actions taken via your Account, whether or not made with your knowledge or authority. You agree to maintain the confidentiality of your password carefully and acknowledge that any failure to keep it secure will enable others to engage in transactions through the Service for which you shall be legally responsible.

You may open only one account. At the instance that we identify any user with more than one account, we reserve the right to treat any such accounts as one joint account.

 

  1. Closure of Account

Prashanti Wellness Solutions Private Limited reserves the right to terminate, close or suspend your account at any time, without notice and for any reason. Without limitation to the generality of the foregoing, Prashanti Wellness Solutions Private Limited shall be entitled to close or suspend your account if:

 

  1. Prashanti Wellness Solutions Private Limited considers that you have accessed or used the Service in a fraudulent manner or for illegal and/or unlawful or improper purposes;
  2. Prashanti Wellness Solutions Private Limited considers or has reasons to believe that you have used the Service in an unfair manner, have deliberately cheated or taken unfair advantage of the Service or if your account is being used for the benefit of a third party;
  3. Prashanti Wellness Solutions Private Limited is requested or required to do so by any law enforcement agency, any statutory or regulatory authority or court, tribunal;
  4. If it is in the best interests of Prashanti Wellness Solutions Private Limited to do so; or
  5. Prashanti Wellness Solutions Private Limited considers that any of the events referred to in (a) to (d) above may have occurred or are likely to occur.

 

  1. Information pertaining to the Product or Service

 

Prashanti Wellness Solutions Private Limited shall take reasonable efforts to provide accurate information, description or disclosures pertaining to the Products, available, listed or advertised on Service (“Product Information”). However, Prashanti Wellness Solutions Private Limited does not undertake or warrant that the Product Information, pricing, availability, visual representations, sample images, videos, mock-ups, colour, shape, size or any other content available on the Service is up to date, complete, accurate, reliable or without errors. It is also clarified that the Product Information, visual representations, sample images, videos, mock-ups, colour, shape and size are only indicative and may not match the actual product. In the instance that you may receive a product that does not match the descriptions, you agree that your sole remedy shall be to return the product in an unused condition with the original packaging, barcode and labels intact.

 

Prashanti Wellness Solutions Private Limited may at any point of time, without prior notice, modify, correct, revise, change or update any Product Information, pricing, availability or any other information, at its sole discretion, for the purpose of rectifying any errors, omissions or incorrectness. Prashanti Wellness Solutions Private Limited may also revise the pricing or availability at its sole discretion without prior notice. It is clarified that any modifications or changes under this Clause shall be made or reflected even after an order is placed by the user.

 

In the event, if Prashanti Wellness Solutions Private Limited is unable to deliver the product within the expected time of delivery or at all, owing to factors including but not limited to unavailability of products, lockdown or other restriction imposed under law, your delivery address being declared a containment zone or as per your instructions, your order will be automatically cancelled and you will be notified vide email. Prashanti Wellness Solutions Private Limited shall not be liable in any case to pay any damages for any cancellations or delay in delivery under such circumstances.

Any recommendations available or received by the user while accessing or using the Service is purely for the purpose of providing a better shopping experience to the user. You acknowledge that such recommendations shall not be conceived or interpreted as any treatment or medical advice to any medical condition or as an advertisement or endorsement.

 

  1. Pricing and Availability

 

Prashanti Wellness Solutions Private Limited shall make reasonable efforts to provide the correct pricing and information regarding availability of the products in its inventory. However, it is understood that there may be errors or inaccuracies owing to technical issues or errors. In any case, Prashanti Wellness Solutions Private Limited reserves the right to cancel, refuse or temporarily hold any order at its sole discretion. Prashanti Wellness Solutions Private Limited shall not be liable to pay any damages arising out of any cancellation, refusal, hold or delay of orders.

 

  1. Use of Services

 

You hereby agree that your use or access of the Service is solely for your personal/ and or professional use. You agree that you shall not use the Service or the products, information available therein for any commercial purpose, including but not limited to reselling. 

 

  1. Quality of Products

 

While Prashanti Wellness Solutions Private Limited strives to provide you with the best products, the effects and results of the products may vary from person to person. The products available on the Service are sourced directly from the manufacturer and Prashanti Wellness Solutions Private Limited shall not be liable if you are not satisfied with the product or meets your requirement. We recommend that you consult a dermatologist or skin care specialist before using a product in order to understand the suitability of the product on your skin or hair. You may also peruse the information, description, disclaimers and warnings disclosed/provided by the manufacturer before purchasing a product from the Service. In any case, if a user purchases or receives a product from the Service that may cause any side effects or adverse reactions, Prashanti Wellness Solutions Private Limited shall not be responsible or liable in any manner. You agree that any claims, complaints or disputes arising out of or relating to the product, including but not limited to possible adverse effects or side effects shall be raised with the respective manufacturer directly and the manufacturer shall be solely responsible and liable for any side-effects, claims and consumer complaints thereof.

 

It is further clarified that Prashanti Wellness Solutions Private Limited’s liability shall be limited to any material defects caused to the product during shipping. You agree that the sole remedy in such instances shall be to return the product unused with its original packaging, barcodes and labels intact, subject to which you shall be duly refunded.

 

In case any product is determined to be suitable for sensitive skin, as indicated to us by the manufacturer, Prashanti Wellness Solutions Private Limited does not take responsibility for any adverse reactions that may arise from using such products.

 

  1. Taxes and Other Liabilities

 

The users shall be personally liable for any and all claims, costs, taxes, or liabilities of any nature arising out of the of facilities or benefits given to a user through the Service. Prashanti Wellness Solutions Private Limited shall not be liable for any direct or indirect loss or damage, arising from the disbursement or non-disbursement, whole or part, of any such offers, benefits, facilities or any other arrangements made or offered by any vendors, manufacturers or partners on the Service. The user while accessing or using the Service to obtain or claim the offers, benefits, services or any other arrangements offered by the vendors, manufacturers or partners shall be subject to the Terms and Conditions of the respective vendors, manufactures or partners, who is the provider of the same. Prashanti Wellness Solutions Private Limited shall not be responsible or liable in any case, for any loss or damage, either direct or indirect or both, arising out of discontinuation, modification, withdrawal, limitation of the offers, benefits or facilities or services offered to users. 

 

  1. Intellectual Property

The designs, UI/UX created and used for the Service along with the text, fonts, scripts, graphics, logos, photograph, interactive features and other creatives, and the trademarks, service marks and logos contained therein (Marks), are owned by or licensed to Prashanti Wellness Solutions Private Limited, subject to copyright and other intellectual property rights under Indian Intellectual property rights law and international conventions. The Service is provided to you on as-is basis for your personal use only. Prashanti Wellness Solutions Private Limited reserves all rights not expressly granted in and to the Service. All software, codes, algorithms used in the Service is the property of Prashanti Wellness Solutions Private Limited or its software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted, including the reproduction, modification, distribution, transmission, re-publication, display or performance, of the content on the Service is strictly prohibited except as otherwise permitted by law. You agree to not engage in the use, copying, or distribution of the Service other than expressly permitted herein.

  1. Advertisement

         From time to time, during your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or/and use the services of or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the Advertisers). All such communication, interaction and participation is between you and the said Advertisers and we shall not be responsible or liable to you in any way in connection with these activities and/or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any of these Advertisers).

  1. Representation and Warranty

         You represent and warrant that:

  1. the use of the Service will comply with all the Applicable local, state, national or international laws (Laws) and will not violate any law, regulation, or contractual obligations;
  2. You will not misuse the Service and acknowledge and understand that “misuse” includes, but is not limited to using the Service in any manner that (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) unsolicited advertising and messages, promotional materials, junk mail, spam etc; (c) is fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (g) send or store material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempt unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restrict or inhibit any other person from using the Service; and (vi) falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity;
  3. Contents

         You shall be solely responsible for all contents that you upload, transmit, share or display through the Service, (“User Contents”) including but not limited to any photos, profiles (including your name and image), messages, GPS location, information, text, video, music, third party links. Prashanti Wellness Solutions Private Limited does not guarantee as to the validity, accuracy or legal status or confidentiality with respect to any contents and you shall be solely responsible for and assume all risks for any consequences of uploading, posting, transfer or disclosure of the Contents. You hereby confirm and warrant that the Contents do not violate the representation and warranties provided in Clause 10 above.

  1. Governance

Your use of the Service is subject to all the applicable local, state, national laws and regulations and, in some cases, international treaties that are relevant to your current location. You are responsible for all activities, acts and omissions that occur in, from, through or under your username or password.

You shall not use, allow, or enable others to use the Service, or knowingly condone use of the Service by others, in any way that is, tries to, or is likely to violate any laws, regulations, judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Service, other Users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is contradictory with the terms and conditions of this Agreement.

Any violation of these above terms and conditions will leave users liable to having their accounts terminated. In addition to termination, Prashanti Wellness Solutions Private Limited shall strictly deal with any of such violations in a manner it deems appropriate, including but not limited to any lawsuits or complaint before a law enforcement agency.

  1. Promotion

We may provide users the opportunity to register for unique promotions, services, news, newsletters, information delivered via text messaging and other wireless devices such as mobile/cellular phones. Users are obliged to provide their consent to receive such information by complying with the specific terms related to any of these said offerings. Information that may be requested for promotions includes, without limitation, a user's preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect Internet email addresses and other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy.

Under no circumstances whatsoever will Prashanti Wellness Solutions Private Limited be responsible for any wireless email or text messaging charges incurred by a User or by a person that has access to a user's wireless device, telephone number, or email address.

You understand, acknowledge and agree that we may, at our sole discretion, and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without any notice.

  1. Non – Commercial Use

Prashanti Wellness Solutions Private Limited hereby grants you a limited, non-exclusive, revocable license to use the Service only for the purposes of accessing, viewing posting or submitting content, and using the Service for non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes whatsoever. You must not change, delete or conceal any copyright or other notices contained in the Service, including notices on any service or material you download, transmit, display, print or reproduce from the Service. You shall not, nor will you allow any third party to reproduce, change, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any material on the Service without the express prior written consent of Prashanti Wellness Solutions Private Limited Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under the Applicable laws.

  1. Review and Comments

The Service may provide you with an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities (Communities) and may provide you the opportunity, through such Communities to submit, post, display, transmit and/or exchange (a) reviews, suggestions, information, ideas, opinions, messages or other information (Post or Postings).You understand, acknowledge and agree that such postings are the sole responsibility of the person from which the postings originated. This means that you are entirely responsible for the consequences of all postings that you upload, post, email, transmit or otherwise make available through and onto the Service. Postings do not reflect the views of Prashanti Wellness Solutions Private Limited We reserve the right to monitor, edit or screen all postings made to the Service or any additional platform made available to the user by us. If we determine, at our sole discretion, that any posting does or may in any way violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse and prevent you from posting; (b) remove and delete postings; (c) remove your right to use the Service; (d) disclose any information that we deem necessary to ensure that you comply with all the Applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or any other means available to enforce the provisions of this Agreement, including, blocking specific IP addresses or terminating your registration for the use of the Service.

By using the Service or visiting the comment section you may be exposed to rude, crude, indecent, or otherwise offensive language or references. You agree that Prashanti Wellness Solutions Private Limited or any of their affiliates or agents will not be responsible for any loss or damage of any sort relating to your dealings with any third-party advertiser or content provider in the Service.

  1. Warranty
    1. Service

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Prashanti Wellness Solutions Private Limited, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. Prashanti Wellness Solutions Private Limited does not make any warranties or representations about the accuracy or completeness of this Service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, description, pricing, availability (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the use of the Service or through the actions of any third party, and/or (v) any errors or omissions in any content, description, specification, pricing, availability or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. Prashanti Wellness Solutions Private Limited does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised, offered or provided by a third party through the Service.

  1. Website

          The Website is being provided for use to you with a limited warranty. The Website, is provided on an “as is” and “as available” basis without any warranties of any kind, and Prashanti Wellness Solutions Private Limited expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, quality, accuracy, timeliness, completeness, correctness or reliability. Prashanti Wellness Solutions Private Limited makes no warranty that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, virus-free or error-free, (iii) the results such as that may be obtained from the use of the Website or any third-party integrators available on the Website will be accurate or reliable, or (iv) the quality of any services, information, or other material purchased or obtained by you through the service will meet your expectations. No information, advice or services obtained by you from Prashanti Wellness Solutions Private Limited shall create any warranty not expressly stated here.

  1. Limitation of liability

To the maximum extent permitted by the applicable laws, and under no circumstance shall Prashanti Wellness Solutions Private Limited, its directors, employees or agents be liable to you or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of the Service, or following a failure, suspension or withdrawal of all or part of the Service at any time, any third party content, software or functions used in connection with the website even if Prashanti Wellness Solutions Private Limited or any or all of its agents have been advised of the possibility of such damages. In any event, Prashanti Wellness Solutions Private Limited shall not be liable to pay a user, for any damage whatsoever, an amount greater than INR. 5,000/-.

  1. Indemnification

You agree to indemnify, defend and hold harmless, Prashanti Wellness Solutions Private Limited, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) Your access to or use of the Service and related services; (ii) any breach by you of your obligations under this Agreement; (iii) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; or (v) your negligence or wilful misconduct. These obligations will survive termination of this Agreement.

  1. Data Security

Each Party confirms and agrees that it shall at all times during the subsistence of this Agreement comply with the provisions of the Information Technology Act, 2000 and the applicable rules thereunder including without limitation the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.

  1. Severability

It is desired and intended that the terms, provisions and covenants contained in this Agreement shall be enforceable to the fullest extent permitted by law. If any such term, provision or covenant thereof to any person or on any circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision or covenant shall be construed in a manner as to permit its enforceability under the Applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the Service thereof to any person or circumstances, other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.

  1. Assignment

This agreement may be assigned by Prashanti Wellness Solutions Private Limited to its successors and assigns including if there is any re-organization of Prashanti Wellness Solutions Private Limited or transfer of ownership.

  1. The Applicable law & jurisdiction

Any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India. The courts of Bangalore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

  1. Contact Us

If you have any questions or concerns about this Agreement or Privacy Policy or its implementation, you may contact us on the following e-mail ID:

 

E-mail: cbbgrievance@gmail.com

Name of the Grievance Officer: Pallavi Yadalam

Address: No.744, 13th cross, 7th Block, Jayanagar, Bangalore -560070

Phone number: 9606489180