Terms and Conditions
Welcome to www.diambeauty.com,
an e-commerce and content website that provides information, services and any
other features, tools, applications and materials by Diam Beauty.
These services ( referred to henceforth as “Service/Services” ) are provided by Diam Beauty in connection with its business, on the aforesaid website ( referred to henceforth as “Website” ).
The Services offered at www.diambeauty.com
(referred to as “ Website” ), are provided to You under these Terms and
Conditions, and any operating rules or policies that may be published by Diam
Beauty at the URL: www.Diambeauty.com. The Terms and Conditions and all such
operating rules or policies including privacy policy comprise the entire
agreement between You and Diam Beauty and supersede all prior agreements
between You and Diam Beauty regarding the subject matter contained herein.
By completing the registration process and/or using and/or visiting the Website (including all content available through Website) You signify your irrevocable and
unconditional assent to all these Terms and Conditions (the "Terms of
Service" or “Terms and Conditions”) herein. If You do not agree to any of
these Terms and Conditions, then please do not use the Website.
The terms "You", “Your” and "User" as used herein refer to all individuals and/or
entities accessing the Website for any reason whatsoever. In general, You can
browse the Website without telling Diam Beauty who You are or revealing any
personal information about yourself. Once You give your personal information to
Diam Beauty, You are not anonymous to Diam Beauty .
You must be 18 years or older to use this Service. By visiting the Websites, You represent and warrant to Diam Beauty that You are 18 years of age or older. If You are under the age of 18 or applicable legal age in Your jurisdiction, You can use the Services only under the supervision of, Your parent and/or guardian who has agreed to the Terms of Service.
By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into the terms contained herein (“Agreement”) and that You are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining You from abiding by the Terms and Conditions of this Agreement or from using the said Services.
You are responsible for maintaining the security of Your account, Your material and Your password. Diam Beauty cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You are not authorized to share Your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may result in disabling the account and Services. You agree to immediately notify Diam Beauty of any unauthorized use of Your account, identity, personal information and passwords.
You shall not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any applicable laws (including but not limited to copyright laws and information technology laws).
If any information provided by You intentionally or unintentionally is untrue, inaccurate, not current or incomplete, Diam Beauty reserves the right to reject any of Your contributions and contents and to terminate Your right to use the Website and refuse any and all current or future use of the Services.
You understand and agree that Diam Beauty has the right to disclose Your personal information contained in Your registration application and/or give third parties access to Your personal information. By registering with the Website You have authorized Diam Beauty to disclose Your personal information to any third party, including but not limited to Your name, address, e-mail address or telephone number, for the purpose of enhancing your user experience.
Diam Beauty reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter; such offers may be made by Diam Beauty or by third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms of Services, Diam Beauty does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Websites, and does not make any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of the said services and/or products, under the terms agreed to by the provider.
You shall not access the Website and operate on any fake e-mail ID for the purpose of gaining access to the Website.
Diam Beauty may change the Terms of Service from time to time and at any time, without providing any notice to You. All such changes to these Terms of Service will appear on the Website. By using the Website after Diam Beauty has introduced any changes to the Terms of Service, You automatically agree to the aforesaid changes. If at any time You choose not to accept the Terms of Services, please do not use the Website. Participation in any contest and/ or game on the Site conducted by Diam Beauty shall be subject to such further terms and conditions as may be notified by Diam Beauty from time to time on the Website or otherwise.
Diam Beauty provides Users with a variety of online services, including but not limited to:
Diam Beauty attempts to be as accurate as possible when describing its products on the Website. However, except to the extent implied by applicable law, Diam Beauty does not warrant that the product descriptions, colours, information or other contents available on the Website are accurate, complete, reliable, current, or error-free.
Diam Beauty may organize various contests / promotions for the User of the Website. The User participating in the contest / promotional offers might stand to win the aforesaid contests or avail the offers. As per the terms of the respective
contest or promotion, Diam Beauty may give prizes to the winners of the contest
or promotion. Diam Beauty reserves the right in its own discretion to select
the winner or User eligible to be awarded the prizes, and which decision shall
be full, final and binding on the participants. The award or offer given away
by Diam Beauty is neither transferable nor can be converted into cash. The
winner will be notified by Diam Beauty and only the participating User shall be
eligible to claim the prizes from Diam Beauty.
Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time to time, arising out of the prizes, shall be solely borne by the winners for their respective prizes.
You agree that Diam Beauty owns and retains all rights to the Services. You further agree that the content You access and view as part of the Services is owned or controlled by Diam Beauty and or its licensors. The Services and the content are protected by copyright, trademark, and other intellectual property laws.
You agree that Your use of the Services and the content may give You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. You agree that You will not misuse the content You access and view as part of the Service, including without limitation, download the content by illegal/non-permitted means, or infringe any of the copyright, trademark and other intellectual property including any rights of Diam Beauty or its licensors subsisting in the content. You further agree that You will not copy/record any of the content You access and view as part of the Services, for any purpose, and/or copy/record any content including video, images etc., by using any means including software, spyware, etc. for any purpose whatsoever.
Your profile, data, comments, suggestions, ideas, concepts, etc. shall be collectively referred to as "Your Material". Diam Beauty claims no intellectual property rights over Your material which You may provide to the Service other than as set out
hereunder.
By posting Your Material, You warrant and represent that:
You own or otherwise have all
rights necessary for You to post Your Material and grant the rights described
above; Your Material does not contain any viruses, worms, spyware, or other
components or instructions that are unlawful, malicious, deceptive, or designed
to limit or harm the functionality of a computers' hardware, software, and services,
including but not limited to the those belonging to Diam Beauty ; You will not
submit content that violates any copyright or other third party proprietary
rights; You will not submit content that is in breach of any other contractual
commitment; and Your Material does not and shall not contain the following
("Unacceptable Content"). The list below is for illustration purposes
only and is not a complete list of all Unacceptable Content: is implicitly or
explicitly offensive, such as content that engages in, endorses or promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual; harasses, incites harassment or advocates harassment of another
group or individual; involves the transmission of "junk mail", "chain
letters," unsolicited mass mailing or "spamming"; contains or
promotes or endorses false or misleading information or illegal activities or
conduct that is abusive, threatening, obscene, vulgar, defamatory or libelous;
unlawful, harassing, defamatory, vulgar, libelous, deceptive, fraudulent,
contains explicit or graphic descriptions or accounts of sexual acts, invasive
of another's privacy, or hateful; or that victimizes, harasses, degrades, or
intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability; promotes or
endorses an illegal or unauthorized copy of another person's copyrighted work,
such as providing or making available pirated computer programs or links to
them, providing or making available information to circumvent
manufacture-installed copy-protect devices, or providing or making available
pirated music or other media or links to pirated music or other media files;
contains restricted or password only access pages, or hidden pages or images;
displays or links to pornographic, indecent or sexually explicit material of
any kind; provides or links to material that exploits people under the age of
18 in a sexual, violent or other manner, or solicits personal information from
anyone in a manner other than authorized under law; or provides instructional
information about illegal activities or other activities prohibited by the
Terms of Services, including without limitation, making or buying illegal
weapons, violating someone's privacy, providing or creating computer viruses or
pirating any media; and soliciting passwords or personal identifying
information from other Users; any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law.
The User further agrees that any communication between the User and Diam Beauty, including the User’s personal information shall be deemed not to be confidential.
All liability, whether civil or criminal arising out of Your Material that is posted on the Website will be of that User / third party who has posted such Content and Diam Beauty reserves its right to claim damages from such user / third party that it may suffer, as a result of such content being posted on the Website.
Diam Beauty appreciates
hearing from its Users and welcomes Your comments regarding the Services and
the Website. Please be advised, however, that Diam Beauty’s policy does not
permit it to accept or consider creative ideas, suggestions, inventions or
materials other than those which it has specifically requested. While Diam
Beauty values Your feedback on the Services, please be specific in Your
comments regarding the Services and do not submit creative ideas, inventions,
suggestions, or materials. If, despite Diam Beauty’s request, You send creative
suggestions, ideas, drawings, concepts, inventions, or other information
(collectively the "Submissions"), the Submissions shall be the
property of Diam Beauty. None of the Submissions shall be subject to any
obligation of confidentiality on part of Diam Beauty and Diam Beauty shall not
be liable for any use or disclosure of any Submissions. Diam Beauty shall own
exclusively all now known or later discovered rights to the Submissions and
shall be entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to You or any other
person who submitted the Submissions.
Diam Beauty does not claim
any permanent ownership of Your Material and/or contents You submit on the
Website. You grant Diam Beauty a limited license, to display Your Material
royalty-free, in an unrestricted, irrevocable, sub-licensable (through multiple
tiers) and non-exclusive (including any moral rights) manner, world-wide, on
the Website, in any search results, and to use, copy, publicly perform,
digitally perform, publicly display and distribute and disclose Your Material
to other Users and to prepare derivative works of or incorporate into other
works, Your Material and to otherwise exploit the same for commercial or other
purposes. As such, under this limited license, You allow and authorize Diam
Beauty to reproduce, modify, publish, translate, distribute, perform and
display Your Material (in whole or part), and/or to incorporate it in other
works in any form, media, or technology now known or later developed. Such
limited license also includes incorporating a Your Material, in whole or in
part, into a feature or in promotional or marketing materials (attributed
properly to the User). User grants Diam Beauty the right to use User’s name in
connection with the submitted materials and other information as well as in
connection with any and all advertising, marketing and promotional material
related thereto.
You further agree that any
material You submit to the Service will not contain third party copyrighted
material, or material including personal information such as address, telephone
number, fax, e-mail etc., that is subject to third party proprietary rights,
unless You have permission from the rightful owner of the material or You are
otherwise legally entitled to post the material and to grant Diam Beauty all of
the license rights granted herein. You agree and undertake to provide Diam
Beauty only such information pertaining to third persons (who may or may not be
your clients) and who have authorized you to use the same in the manner set out
hereinabove, which is authentic, correct, verified, useful, as per
specifications and which is not in contravention of the provisions of any law
for time being in force. You shall delete such third party information from the
Website immediately on your authorization/license being cancelled by the owner
thereof.
You acknowledge and agree
that all content including but not limited to information, data, text,
software, music, sound, photographs, graphics, video, messages, tags, or other
materials, etc. and content contained in sponsor advertisements or information
presented to You through the Service or by advertisers may be protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws.
All individual articles,
content and other elements comprising this Service are also copyrighted works.
In addition to abiding by any rights each author may have retained in
connection with each such article, You must also abide by all additional copyright
notices or restrictions contained in this Service.
You agree not to use the
Website to infringe the intellectual property rights of others in any way. Diam
Beauty will terminate the accounts of any account holders, and block access to
the Website of any Users who are infringers of the copyrights, or other
intellectual property rights, of others. Diam Beauty reserves the right to take
these actions at any time, in its sole discretion, with or without notice, and
without any liability to the account holder who is terminated or to the User
whose access is blocked.
Subject to the Terms of
Service, Diam Beauty grants you a limited, revocable, and non-exclusive license
to access and make non-commercial / personal use of the Website and the
Services.
Diam Beauty’s cosmetic
products are only for external use.
Any information provided by
us regarding the products or otherwise (e.g. product descriptions or
instructions) is for informational purposes only. You should not take any
action solely based upon any information contained on the Website. You agree
that Diam Beauty will not be responsible or liable for any product related
issues including, without limitation, any allergic reactions on account of
usage of Diam Beauty products. Hence Diam Beauty strongly advises you to
consult your doctor before trying any of its products available on the Website.
Further, Diam Beauty does not guarantee that any particular product may be
suitable to you.
You acknowledge and agree
that Diam Beauty may preserve any Contribution/Your Material and in addition to
what is provided hereinabove, Diam Beauty may also disclose Your
Contribution/Your Material, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary, including
but not limited to: (a) to comply with legal process; (b) to enforce these
Terms and Conditions; (c) to respond to claims that any Contribution/Your
Material violates the rights of third-parties; or (d) to protect the rights,
property, or personal safety of Diam Beauty , its Users or the public.
In operating the Website, Diam
Beauty does not solicit nor does it wish to receive any confidential, secret or
proprietary information or other material from You. By submitting or sending or
posting information or other material to Diam Beauty, You represent and warrant
that the information is original to You and/or licensed to You and that no
other party has any ownership rights to the material if owned by You, and that
the material and information will not violate any of the prohibitions set out
herein.
You may be able to link to
third parties' sites ("Linked Sites") from the Website. Linked Sites
are not, however, reviewed, controlled, or examined by Diam Beauty in any way
and Diam Beauty is not responsible for the content, availability, advertising,
products or other materials of any such Linked Sites, or any additional links
contained therein. These links do not imply the endorsement of Diam Beauty or
association with the Linked Sites. It is Your sole responsibility to comply
with the appropriate terms of service of the Linked Sites as well as with any
other obligation under copyright, secrecy, defamation, decency, privacy,
security and export laws related to the use of such Linked Sites and any
content contained thereon. In no event shall Diam Beauty be liable, directly or
indirectly, to anyone for any loss or damage caused by or in connection with
use of the Linked Sites or the information or material accessed through these
Linked Sites.
Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such advertiser. You
agree that Diam Beauty shall not be responsible or liable for any loss or
damage of any sort incurred as a result of any such dealings or as the result
of the presence of such advertisers on the Service.
THE WEBSITE AND SERVICES ARE
PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF
THE FOREGOING, Diam Beauty AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS,
OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES OR USER CONTENTS; AND
(ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS
FOR A PARTICULAR PURPOSE.
Diam Beauty DOES NOT WARRANT
OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY
VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR
DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE.
You agree and acknowledge
that the ranking, comments and rating in relation to any User content are not
monitored or verified by Diam Beauty and the same are the opinions/views
expressed by Users. Diam Beauty expects that You will use caution and common
sense when relying on such ranking, comments and ratings.
IN NO EVENT WILL Diam Beauty,
ITS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE,; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR
DESTRUCTIVE PROPERTIES OF THE WEBSITE; OR (iii) IN ANY OTHER MANNER IN RELATION TO THE WEBSITE OR SERVICES
Diam Beauty shall not be liable for any failure to perform its obligations
hereunder where such failure results from any cause including, without
limitation, mechanical, electronic or communications failure or degradation or
any event of Force Majeure event including Act of God or any events beyond the
control of Diam Beauty
You agree to comply with all local rules and laws regarding online conduct and acceptable content.
Any controversy, dispute or
claim arising out of or relating to the Service or these Terms and Conditions
shall be first attempted to be resolved through negotiations. If the dispute,
controversy or claim cannot be resolved through negotiations within 30 days
from the date when either party raises the dispute, such dispute, claim or
controversy shall be settled by binding Arbitration in accordance with
Arbitration and Conciliation Act, 1996. The venue, place and seat of
arbitration shall be Mumbai. Any such controversy, dispute or claim shall be
arbitrated on an individual basis and shall not be consolidated in any arbitration
with any claim or controversy of any other party.
Post content on the Website that contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords or any keywords that are irrelevant to the Service or are otherwise misleading and/or prohibited;
Post on the Website any
franchise, pyramid scheme, "club membership", distributorship or
sales representative agency arrangement or other business opportunity which
requires an upfront or periodic payment, pays commissions only (except for
postings that clearly indicate that the available job pays commission only, and
clearly describes the product or service that the job seeker would be selling,
in which case such postings are permissible), requires recruitment of other
members, sub-distributors or sub-agents;
Aggregate, copy or duplicate in any manner any of the Diam Beauty’s content or information available from the Website; or
Impersonate any person or entity or otherwise misrepresent the user's affiliation with any person or entity.
You understand that Diam Beauty uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
Diam Beauty may, but have no obligation to, remove content and accounts containing content that Diam Beauty determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
In the context of the
'alerts' service (as and when provided) to be introduced by Diam Beauty; the
irrevocable consents to the use of Your personal data in the form of cellular
phone number(s) and email address is being granted by You to Diam Beauty, its
associates and business partners to forward information. This consent shall
supersede any preferences set by You with or registration done with the Do Not
Disturb (DND Register)/ National Customer Preference Register (NCPR). This
consent extends to emails, messages or calls relating but not limited to phone
number verification.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between Diam Beauty and You concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
Diam Beauty reserves the right to refuse any order you place with us. In the event that Diam Beauty makes any change to or cancels an order, Diam Beauty may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Diam Beauty can complete your transactions and contact you as needed.
You are solely responsible for properly canceling Your account through the Website. An email or phone request to cancel Your account is not considered cancellation.
If You cancel the Service, Your cancellation will take effect immediately.
These Terms and Conditions shall come into effect and be binding on You : the earlier of the date on which the User:
Accept the Terms;
Starts using the Service / accesses the Website; and And shall remain valid for as long as the User uses the Service.
Diam Beauty reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Your Material from the Website and immediate termination of Your registration or ability to access the Website and any other services provided to You by Diam Beauty, upon any breach of these Terms of Service by You.
In the event You terminate Your membership, You will not be entitled to a refund of any fees paid by You to Diam Beauty. Diam Beauty may terminate Your access to the Website and/or Your membership for any reason effective upon sending notice to You at the email address provided in Your application for membership or such other email address as You may later provide to Diam Beauty. If Diam Beauty terminates Your membership on account of your breach of the terms of use, You will not be entitled to any refund of any unused fees.
Even after You are no longer a User of the Website, certain provisions of these Terms of Use such as provisions of YOUR MATERIAL, INTELLECTUAL PROPERTY RIGHTS, PRODUCT USER DISCLAIMER, YOUR CONTRIBUTIONS, DISCLAIMERS OF WARRANTIES, LINKED SITES, LIMITATION OF LIABILITY, APPLICABLE LAWS / JURISDICTION, PRIVACY POLICY will remain in effect.
Diam Beauty reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service( or any part thereof) with or without notice.
The Company shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
Information about You is subject to Diam Beauty’s Privacy Policy. For more information, see Diam Beauty’s privacy policy at http://www.Diambeauty.com/privacy_policy
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
Diam Beauty does not expressly recommend any particular software, operating system, application to use and access the Website. If for any particular reason, the Website does not open or is unable to be displayed in full in the visitor’s computer, then Diam Beauty shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access the Website; though latest standards cannot be defined or categorized.
Diam Beauty also reserves the right to change the software and hardware which is required to gain access to the Website without prior notice to the User and it shall not be the responsibility of Diam Beauty if the User computer system is incompatible with the software and hardware changes.
As part of order processing procedures, Diam Beauty may screen received orders for fraud or other types of unauthorized or illegal activity. Diam Beauty reserves the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. Diam Beauty also reserves the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. Diam Beauty takes these measures to protect its customers as well as itself from fraud or other unauthorized or illegal activity.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The laws of India govern these terms and conditions and the courts of MUMBAI shall have exclusive jurisdiction to try and entertain any disputes arising out of the use of the Website, Service and products sold through the Website.
By using the Services of the Website, you unconditionally and irrevocably confirm that you have read the above provisions and agree to abide by them.