TERMS AND CONDITIONS
Welcome to Palaemour Bath and Body
Palaemour Bath and Body provides the content and services available on this website to you subject to the following Terms and Conditions, our Privacy Policy, Payment Policy and other terms and conditions and policies which you may find throughout our website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). By accessing or using this website, you are acknowledging that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions in this Agreement, so please read this carefully before proceeding.
1 ) Payment Policy
Payments for the products available on the Site may be made in the following ways:
Payments can be made by Credit Cards, Debit Cards, Net Banking.
Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
2) SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery Policy provided on our Site, as amended from time to time.
3) Products and services For Personal Use
The products and services described on this website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any 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.
4) Accuracy of Information
We attempt to be as accurate as possible when describing our products on the website. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free
4) Intellectual property
All information and content available on the website and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Palaemour Bath and Body , our Affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property.
Except as set forth in the limited licenses in Section 6, or as required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
5) LIMITED LICENSE
Palaemour Bath and Body grants 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 Site and its affiliates.
Palaemour reserves 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 Site.
6 ) YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Palaemour Bath and Body , our Affiliates, partners or licensors.
7) THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from the Palaemour website. 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. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
8) FEATURES, FUNCTIONALITY AND EVENTS
Palaemour Bath and Body may offer certain special features and functionality or events (such as contests, promotions or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
9 ) SUBMISSIONS
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
10 ) USER CONTENT
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Palaemour Bath and Body website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the website.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
11 ) Copyright Complaints
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorised to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number and email address to info@palaemourbathandbody.com
Note: The above contact information is provided exclusively for notifying Palaemour that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by email info@palaemourbathandbody.com
12) REPRESENTATIONS AND WARRANTIES AND LIMITATION OF LIABILITY
Palaemour Bath and Body website is presented “As Is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, 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, we will not 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, wrong 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 website; (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.
Palaemour personal care products are based on natural and Ayurvedic 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 Palaemour Online 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 the Palaemour Online, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website 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 Indian Rupees 2000 only.
You agree that no claims or action arising out of, or related to, the use of the website 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.
13) Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of Palaemour Online or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
14 ) DISPUTES
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.
Consent to Receive Notices Electronically by Posting on the Website and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at Info@palaemourbathandbody.com and discontinue your use of this website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically.
15) GENERAL
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, 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 website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website 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 website.
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.
If you have any questions regarding these Terms and Conditions, please email us at info@palaemourbathandbody.com
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
