TERMS AND CONDITIONS
We request our customers/ users to read these TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING and/or USING our website, be it via desktop or mobile device mode, and/or purchasing/procuring ANY OF our products, all such persons who engage in the above defined activities becomes BOUND BY ALL OF THE T&C, which is inclusive of the other policies mentioned in our website, and amended from time to time. If you do not wish to be bound by the term herein, we request you to refrain from accessing our website or using our services.
1. Who can access our services?
Any services availed or usage of our website amounts to engagement into a legally binding contract. Users/customers are expected be eligible as per relevant clauses of The Indian Contract Act, 1872.For such reasons, no minor or persons of unsound mind can transact, access, use our services as otherwise than parental guidance or supervision of adults, who are eligible to enter into contract. If a company, firm or any legal entity uses our services, its representative must be duly authorized to execute such action, or else the person shall be held individually liable towards the terms and conditions defined herein.
2. Terms of offer
Our website offers their products for sale through e-commerce system at a the mentioned product prices. Such products are expected to be used or consumed in accordance with the instructions as defined in the labels and not in any manner whatsoever. Customers/ users are also not allowed to sell, resell or commercially benefit from the products sold by us, unless agreed otherwise. We may also choose, with or without notice, to reduce, modify or restructure our product credentials inter alia quantity, price, ingredients, included but not restricted thereof, at any point of time on their sole discretion. We may also choose to suspend, or discontinue offering for sale any product, without any liability.
Notwithstanding the above, it is necessary to understand that the representative images of our products are only indicative and hold close resemblance only to the actual goods. Brawn Laboratories Ltd. does not warrant the accuracy of the description of the Products viz., colors, density, product information, and similar content and may vary from time to time.
At any point of time, you have the right to withdraw your consent by following the below stated opt-out procedure.
4. Intellectual Property :
Brawn Laboratories Limited is the true and absolute owner of the various kinds of intellectual property assets described in our website along with the products being offered for sale which is inclusive of but not limited to the trade marks, copyright, trade name, trade dress, composite mark,logos, service marks, text, graphics, button icons, images, audio clips, data compilations and software, whether individually or severally, by virtue of prior usage, prior publication and/or registration as defined under the Trademarks act, 1999 and the Copyright Act, 1957(Amended) and/or relevant laws of the land. Provided however any resemblance of the content to any other work is completely coincidental and possess similarity only by means of meaning and facts as obligated under law and we shall hold no liability on such claims in any matter whatsoever. Please note that unauthorized usage of the same, similar, imitation or close resemblance of our above defined assets shall amount to infringement and passing off as defined under the various provisions of law and makes you liable to legal action.
We however respect your rights too, and if anyone feels aggrieved that their intellectual property rights has been infringed, you may let us know on firstname.lastname@example.org
5. Third party access
6. Limitation of License
For the usage of this website, we grant our users with a limited, non-exclusive, non-transferable right to use its contents and materials, for personal and non-commercial purpose only. No person is permitted to use, reproduce, copy, transmit or distribute its work (literary, artistic or other intellectual property asset) or related aspects procured from this website, without the express consent of Brawn Laboratories Limited.
7. Manner of use of website
Users must ensure that while using/ accessing /procuring services from the website, they shall abide by the laws of the land, national, local, state or rules thereunder as well as international laws at all times. Users must ensure that do not use the website for any illicit purposes or to fulfill such acts or omissions that may turn detrimental for Brawn Laboratories Limited business, ethically or legally. May it be noted that, while uploading data through our website, such data should not be
(a) Libelous, slanderous, defamatory, threatening, tortious, vulgar, obscene, pornographic, pedophilic, abusive, trespassing, invasive, detestable, racial and/or offensive in any manner
(b) Intentionally known to misleading or untrue
(c) Violates the intellectual property rights of some other party
(d) Data being infected with virus, or unauthorized use of technology or data or software
(e) Cause harm, harass to any other person/entity
(f) Amounts to money laundering
(g) Amount to misrepresentation or fraudulent action or any similar unlawful acts. Similarly we do not hold any liability towards content posted by other users, which engages in the above activities, however we shall ensure to remove/take down such content, if ascertained to be illicit, upon realization at the earliest. If data posted by any user amounts to engagement of any of the abovementioned unlawful activity, Brawn Laboratories Ltd. shall forthwith on their sole discretion, remove such without being liable for any further explanation or action from such other party in any manner whatsoever. Decision towards data being erroneous in line with the above acts or omissions shall be sole decision of Brawn Laboratories Limited only.
Upon usage of our website, users consent to receipt of all kinds of communications and notices, in print or electronic mode in English or desired vernacular. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us on email@example.com.
Users agree to defend, indemnify and hold us harmless Brawn Laboratories Limited, or any of its affiliated concerns, representatives, employees, contractors, shareholders and assigns for any loss, damages, costs, claims, costs and like including reasonable attorneys' fees, resulting from any claims or demands of third parties
(i) Breach of these Terms and Conditions
(ii) Usage of our products
(iii) Against Brawn Laboratories Ltd.
(iv) Infringement of intellectual property
(v) Data disruption through virus, or similar malware
(vi) Violation of any law of the land(includes rules, by laws, orders) and for like acts or omissions.
9. Limitation of Liability
Brawn Laboratories Limited shall not be held liable under any circumstances for any
(i) Disruption of business dealings
(ii) Website /connectivity issues
(iii) Delay in delivery non-delivery, loss, theft incorrect delivery, corruption, destruction or other modification
(iv) Loss or damages resulted through third party website links from our Website
(v) Virus, malware attack, system failures or malfunctions
(vi) Any errors/omissions in data
(vii) Events beyond the reasonable control of Brawn Laboratories Ltd..
Brawn Laboratories Limited sells and offers for sale various kind of cosmetic and herbal products for beautification or betterment of the body and/or for personal use, which are manufactured in a manner best suited for human use. Notwithstanding the same, Brawn Laboratories Limited does not take liability or responsibility for allergic reactions or adverse effects caused to certain people for reasons beyond our reasonable control. Users are advised to review the product ingredients, and seek proper precaution/ professional medical/ dermatological advice before using any of our personal care products certain individuals or adversely affect individuals with pre-existing medical conditions.
Clauses 4,5,6,8,9,10 shall survive in perpetuity irrespective of future use or access of this website.
The law of India shall govern this contractual relationship between user and Brawn Laboratories Limited for all purposes. All disputes, controversies or claims arising out of or relating to this Agreement including interpretation thereof, or breach, termination or invalidity thereof shall be referred to arbitration by the sole arbitrator appointed by Brawn Laboratories Ltd. only. The arbitration will be governed by The Arbitration & Conciliation Act 1996 as amended from time to time. The venue of arbitration shall be New Delhi, India and the arbitral proceedings shall be conducted in English. Any judgment, decision or award of the arbitrator shall be final and binding upon the parties here to.
The parties further submit themselves to the Jurisdiction of New Delhi and agree that the courts in New Delhi shall have exclusive jurisdiction in respect of any matters pertaining to, arising out of or in connection with this contractual relationship.