TERMS AND CONDITIONS
TERMS OF USE
WELCOME TO VLCC
Legal Agreement
This user agreement (“Agreement”) is an agreement between you and VLCC
Wellness Products And Services Private Limited ("VLCC" or "we" or "us" as the
context requires) governing your use of VLCC's products, software and/or services
with the characteristics and features as described on
www.vlccpersonalcare.com (“Website”) and the VLCC mobile App (“App”) and your
use of the Eat Better marketplace made available on the Website and App
(“Marketplace”) (referred to collectively as the "Services"). VLCC may have
subsidiaries and affiliated legal entities around the world ("Subsidiaries and
Affiliates"), providing the Services to you on behalf of VLCC. You acknowledge and
agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you
under the terms of this Agreement.
By accessing the Website, the App or the Marketplace, at your option, registering
thereon and thereafter using the Services as a member or guest, you agree to be
bound by this Agreement and the terms contained in it. This Agreement governs your
access and use of this Website/ App/Marketplace and applies to all visitors, users and
others who access the Service ("Users"). If you do not agree with the terms contained
in this Agreement, you are not permitted to use this Website/ App/Marketplace. VLCC
will not be liable for any consequences arising from your unauthorized use. We may
revise these terms of use at any time by amending this page and the terms hereof.
The revised terms of use shall be posted on the Website/ App and you are expected
to check this page from time to time to take notice of any changes we make, as they
are binding on you. Some of these provisions may be superseded by provisions or
notices published elsewhere on our Website/ App/Marketplace. All changes are
effective as soon as we post them and by continuing to use the
Website/App/Marketplace and avail of the Services, you agree to be bound by the
revised terms and conditions of use. Your use of Website/App/Marketplace is subject
to the most current version of the terms of use posted on the Website/App/Marketplace
at the time of such use.
VLCC has created this Website/App/Marketplace to provide Users, the Services which
includes, guidance on how to improve their individual lifestyles and to provide the
Users access to general wellness & Healthcare/Personal Care products. While our
workout and nutrition recommendations consider several factors specific to each
individual, including anthropometric data, fitness goals and lifestyle factors, we are not
a medical organization, and our recommended personal care products and specific
exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
The Marketplace is an e-commerce marketplace made available on the Website and
App, wherein Users are provided access to a variety of health, personal care and
nutrition based products (“Products”). These Products are listed for sale by vlcc on
the Marketplace. The Users may place orders and purchase the Products on the
Marketplace using the payment gateway provided therein. The use of the Marketplace
and the purchase of the Products shall be governed by the terms hereof.
1. ACCESS
1. Access to the Services is permitted on a temporary basis, and we
reserve the right to withdraw or amend the Service (or any features
within the Services) that we provide on our Website/
App/Marketplace by notifying the same on our
Website/App/Marketplace from time to time without prior notice to
you. We will not be liable, if for any reason our
Website/App/Marketplace or the Services (or any features within the
Services) are unavailable at any time or for any period. From time to
time, we may, at our sole discretion, restrict access to some parts of
our Website/App/Marketplace, or our entire
Website/App/Marketplace, to Users who have registered with us.
2. VLCC grants you permission to use the Services as set forth in this
Agreement, provided that: (i) you will not copy or distribute, any part
of the Services in any medium or in any manner whatsoever without
VLCC’s explicit authorisation in this regard; (ii) you will not alter or
modify any part of the Services other than as may be reasonably
necessary to use the Services for its intended purpose; and (iii) you
will otherwise comply with the terms and conditions of this
Agreement.
3. In order to access the Services, you will need to register on the
Website/ App and create a “Member” account. Your account gives
you access to the Services and functionality that we may establish
and maintain from time to time and in our sole discretion on the
Website.
4. By using the Services and completing the registration process, you
warrant that: (a) all the data provided by you is accurate and
complete; (b) you shall maintain the accuracy of such information,
and any changes thereto by regular updation of any such
information; (c) you affirm that you are over 18 (eighteen) years of
age and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and
warranties set forth in this Agreement, and to abide by and comply
with this Agreement; (d) you are eligible in accordance with
applicable laws to enter into a binding contract and are not a person
barred from receiving the Services under applicable laws ; and (e)
you may use the Website/ App or such other Services provided
through the Website/ App only in compliance with this Agreement
and all applicable local, state, national, and international laws, rules
and regulations. We shall not be liable for any injury, damage or
other consequence, health related or otherwise arising out of any
inaccuracy in the information provided by you on the Website/App.
Your profile may be deleted by us by informing you 24 (twenty four)
hours in advance without warning, or without any notice whatsoever,
if we believe that you have violated any of the conditions as
mentioned under this Agreement or the Privacy Policy.
5. You must provide your full legal name, valid email address and any
other information requested from you, from time to time, in order to
complete the registration process and be entitled to use the
Services. The information provided by you may be shared by us with
any third party for providing the Services, record keeping purposes,
internal procedures or for any other purposes and by using this
Website/ App you expressly consent to such sharing of the
information provided by you.
6. Upon completing the registration process, you will be provided with
a user identification code, password or any other piece of
information, as part of our security procedures. You must treat such
information as confidential, and you must not disclose it to any third
party. You also agree to ensure that you exit/log out from your
account at the end of each session. We have the right to disable any
user identification code or password, whether chosen by you or
allocated by us, at any time, if in our opinion you have failed to
comply with any of the provisions of this Agreement. You will
immediately notify VLCC of any unauthorized use of your password
or user identification code, by sending details of such unauthorized
use to: customercare@vlccpersonalcare.com
7. You are responsible for making all arrangements necessary for you
to have access to our Website/App/Mar and thereby the Services.
You are also responsible for ensuring that any persons who access
our Website/App/Marketplace and thereby the Services through
your account are aware of these terms, and that they comply with
them. You are also solely responsible and liable to VLCC for all
activities that take place or occur under your account. You agree
that your ability to log into your account is dependent upon external
factors such as internet service providers and internet network
connectivity and we shall not be liable to you for any damages
arising from your inability to log into your account.
8. VLCC reserves the right to refuse access to use the Services offered
at the Website/ App/Marketplace to new Users or to terminate
access granted to existing Users at any time without according any
reasons for doing so. Use of the account is not available to any User
who is suspended or prohibited by VLCC from using the
Website/App/Marketplace or Services for any reason whatsoever.
2. MEMBERSHIP/REGISTRATION FOR THE SERVICES
1. Once you complete registration on the Website/App, you will be a
member which:
1. allows you to access and post content on the Website/
App/Marketplace;
2. allows us to contact you, if necessary, in order to inform
you of changes to the terms of use of the Website/App or
describing new services that we enable on the
Website/App;
3. allows you to access and purchase Products on the
Marketplace, subject to the terms and conditions set out
herein;
4. allows you to make use of the Services on the Website/
App subject to these terms and conditions;
5. does not allow you to use email addresses displayed on
the Website/ App for any purpose other than that
specifically authorized by us.
2. By providing VLCC your email address/ phone number you consent
to:
1. our using your email address or mobile number to send you
Service-related notices, including any notices required by
law, in lieu of communication by postal mail. You may use
your settings to opt out of Service-related
communications vide e-mail/mobile number or entirely.
2. Our using the phone numbers provided by you, to contact
you from time to time, in order to provide you updates and
advice relating of your progress on the App and the usage
of our Services, and relating to any new promotions and
sales opportunities on the App.
3. Our using on your email address, home address, phone
number and other ancillary information to fulfil the orders
placed by you on the Marketplace; and
4. Our using your email address or phone number to send you
other messages, including changes to features of the
Service and special offers. If you do not want to receive
such email messages, you may opt out by sending us an
email at:info@vlccpersonalcare.com. Opting out may
prevent you from receiving email messages or phone
messages regarding updates, improvements, or offers.
5. Grant such permission to contact you through telephone,
SMS, e-mail and holds the Company (including but not
limited to its subsidiaries/affiliates) indemnified against any
liabilities including financial penalties, damages, expenses
in case your mobile number is registered with Do not Call
(DNC) database.
3. GRANT OF LICENSE
1. Subject to these terms and conditions of use, VLCC grants you a
non-transferable, non-exclusive, non-sublicensable limited right and
license for you to access and use the Services solely for the purpose
permitted, including but not limited to storing or otherwise using or
sharing your documents, files, schedules, minutes or other data.
4. PRIVACY AND YOUR PERSONAL INFORMATION
1. For information about VLCC's data protection practices, please read
VLCC's privacy policy set out below. This policy explains how VLCC
treats your personal information, and protects your privacy, when
you use the Services.
5. TERMS OF USE OF THE MARKETPLACE
1. You may access and use the Marketplace to purchase Products
listed thereon by third party vendors from time to time.
2. VLCC’s responsibility in terms of the Marketplace shall extend solely
and exclusively to:
1. The provision of the platform for the Marketplace on the
Website/App;
2. Collection of payments from Users using the third party
payment gateway on the Marketplace. In the event of any
disputed payments made, VLCC shall pass on the dispute
to the payment gateway provider for resolution. This shall
be the extent of VLCC’s obligations in this regard;
3. Delivery of the Products to the Users who have placed
orders therefor on the Marketplace.
3. It is hereby clarified that the Products listed on the Marketplace are
listed by third party vendors. The Products do not belong to VLCC
in any manner whatsoever. Thus VLCC makes no warranty for, and
shall not be responsible in any manner whatsoever for the quality,
quantity or authenticity of the Products.
4. There shall be no refunds or cancellations initiated or entertained,
once an order is placed and processed on the Marketplace, save as
set out herein.
6. UPLOADING MATERIAL TO THE SERVICE
1. Whenever you make use of the Services (or any feature or part of
the Services) that allows you to upload material on the Website/
App/Marketplace, or to make contact with other users of our
Website/ App or vendors on the Marketplace, you must comply with
applicable data protection rules/laws and the content standards set
out below. The content standards apply to each part of a contribution
as well as to its whole. Your contribution must be accurate where it
states facts, be genuinely held (where it states opinions), comply
with the law applicable in any country from which it is posted; and
be relevant to your posting or use of the Services.
7. Restrictions on Content
1. Your contribution must not:
1. belong to another person and contain any information that
you do not have any right to;
2. Be defamatory of any person;
3. Be obscene, offensive, pornographic, hateful, harmful,
harassing, defamatory, vulgar, libelous, lewd,
blasphemous, lascivious, invasive of another’s privacy,
racially, ethnically or otherwise objectionable or
inflammatory, disparaging, relating or encouraging money
laundering or gambling or otherwise unlawful in any
manner whatsoever;
4. Violate the provisions of the Indian Penal Code, 1861, the
Information Technology Act, 2000, Information Technology
(Reasonable Security Practices and Procedures and
Sensitive Personal Data or Information) Rules, 2011,
notified vide Notification G.S.R 313(E) issued by the
Ministry of Communications and Information Technology or
other applicable laws containing offences relating to
content that is publicly accessible;
5. Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
6. Disclose the name, address, telephone, mobile or fax
number, e-mail address or any other personal data in
respect of any individual;
7. Be harmful to minors;
8. Infringe any intellectual property including copyright,
database right or trade mark of any other person;
9. Breach any legal duty owed to a third party, such as a
contractual duty or a duty of confidence;
10. Be likely to harass, upset, embarrass, alarm or annoy any
other person;
11. Impersonate any person, or misrepresent your identity or
affiliation with any person;
12. Advocate, promote, incite any third party to commit, or
assist any unlawful or criminal act;
13. Contain a statement which you know or believe, or have
reasonable grounds for believing, that members of the
public to whom the statement is, or is to be, published are
likely to understand as a direct or indirect encouragement
or other inducement to the commission, preparation or
instigation of acts of terrorism;
14. Be such that it is known by you to be false, inaccurate or
misleading;
15. Deceives or misleads the addressee about the origin of
such messages or communicates any information which is
grossly offensive or menacing in nature;
16. Be content for which you were compensated or granted any
consideration by any third party;
17. Contain any computer viruses, any code, worms or other
potentially damaging or limiting the functionality of any
computer programs or files.
18. Threatens the unity, integrity, sovereignty of India, friendly
relations with foreign states or public order or causes
incitement to the commission of any cognizable offence or
is insulting to another nation.
2. We hereby reserve the right to take down any content posted by
you, which, in our sole discretion falls under the above restrictions.
8. RESTRICTION ON USE OF SERVICES
1. You are not permitted to and shall not do any of the following acts,
the breach of which shall entitle VLCC to terminate your use of the
Services, without prejudice to any other rights or remedies we may
have against you:
1. Distribute, sell, supply, modify, adapt, amend, incorporate,
merge or otherwise alter the Services and all content
provided to you as part of the Services;
2. Attempt to decompile, reverse engineer or otherwise
disassemble any Service or content provided to you as part
of the Services or the Website or the App or the
Marketplace;
3. Attempt to copy any software provided to you as part of the
Services or the Website or the App or the Marketplace and
in particular its source code, or attempt to decrypt any part
of such software that is provided to you;
4. Create any derivative work or version of any software
provided by us in relation to or to facilitate your use of the
Services or any content provided as part of the Services;
5. Remove, from the Services or any content provided as part
of the Services, any logo, copyright or proprietary notices,
legends, symbols, labels, watermarks, signatures or any
other like marks affixed to or embedded in the Services;
6. Use the Services or any part of it to create a false identity,
to impersonate any person or organization, or attempt to
disguise the origin of any content;
7. Use any of VLCC’s domain name as a pseudonymous
return email address;
8. Access or use the Website/ App/Marketplace in any
manner that could damage, disable, overburden, or impair
any of the Website/ App/Marketplace’s servers or the
networks connected to any of the servers on which the
Website/ App/Marketplace is hosted;
9. Access or attempt to access any content that you are not
authorized to access by any means;
10. Access the Website/ App/Marketplace through any other
means other than through the interface that is provided by
us;
11. Alter or modify any part of the Services; and
12. Disrupt or interfere with the security of, or otherwise cause
harm to the Website/ App, materials, system resources, or
gain unauthorized access to the user accounts, passwords,
servers or networks connected to or accessible through the
Website/App/Marketplace or any affiliated linked sites.
9. RIGHTS RESERVED BY VLCC
1. We have the right to disclose your identity to any third party who
validly claims and provides evidence that any material posted or
uploaded by you to our Website/App/Marketplace constitutes a
violation of their intellectual property rights, or of their right to
privacy.
2. We are not responsible, or liable to any third party, for the content
or accuracy of any materials posted by you or any other User of the
Services.
3. We have the right to immediately terminate your access or usage
rights and remove non-compliant information or material, in case of
non-compliance with these terms and condition, this Agreement or
the Privacy Policy.
4. We have the right to investigate and prosecute violations of these
terms and conditions to the fullest extent of the law and may involve
and cooperate with law enforcement authorities in prosecuting
Users who violate these terms and conditions.
5. While we have no obligation to monitor your access to or your use
of the Services (or any feature or part of the Services), we have the
right to do so for the purpose of operating the Website/
App/Marketplace and providing the Services, to ensure your
compliance with these terms and conditions, or to comply with
applicable law or the order or requirement of a court, administrative
agency or other governmental body.
6. Subject to the receipt of a complaint from a User, we have the right
(but shall have no obligation) to pre-screen, review, flag, filter,
modify, refuse or remove any or all content from any Service. For
some of the Services, VLCC may (but shall be under no obligation
to) provide tools to filter out explicit sexual content or any content
which it deems to be unsuitable at its sole discretion.
7. We reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary to: (a) satisfy any
applicable law, regulation, legal process or governmental request;
(b) enforce these terms and conditions, including investigation of
potential violations hereof; (c) detect, prevent, or otherwise address
fraud, security or technical issues; (d) respond to user support
requests; or (e) protect the rights, property or safety of VLCC, its
Users and the public. VLCC shall not be responsible or liable for the
exercise or non-exercise of its rights under these terms and
conditions in this regard.
8. We reserve the right to introduce or change the prices of all Services
upon 30 (thirty) days’ notice from us. Such notice may be provided
at any time by posting the changes to the terms and conditions of
use or the Services on the Website/App itself.
9. VLCC shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the
Services.
10. BREACH OF CONTENT STANDARDS
1. When we consider that a breach of the content standards (as stated
above) has occurred, we may at our discretion take such action as
we deem appropriate. Failure to comply constitutes a material
breach of the terms of use on which you are permitted to use the
Service, and we may take any action legally available including all
or any of the following actions:
1. Immediate, temporary or permanent withdrawal of your
right to use the Services and simultaneous
termination/suspension of your account on the
Website/App;
2. Immediate, temporary or permanent removal of any
contribution already posted on the
Website/App/Marketplace using the Services, upon your
failure to cure the breach that is brought to your notice;
3. Issue of a warning to you;
4. Legal proceedings against you for reimbursement of all
costs on an indemnity basis (including, but not limited to,
reasonable administrative and legal costs) resulting from
the breach;
5. Further legal action against you; and
6. Disclosure of such information to law enforcement
authorities as we reasonably feel is necessary or as
required by law.
2. We hereby disclaim and exclude our liability for all action we may
take in response to breaches of these rules. The actions described
above are not limited, and we may take any other action we
reasonably deem appropriate.
3. Upon such termination/suspension of your account, you will no
longer be able to access your account or any content or data you
have stored on the servers. All licenses granted to you by VLCC to
the Website/App/Marketplace or the Services will automatically
terminate.
11. CONTENT
1. You understand that all information (such as data files, written text,
computer software, music, audio files or other sounds, photographs,
videos or other images) which you may have access to as part of,
or through your use of, the Services are the sole responsibility of the
person from which such content originated. You agree that you are
solely and exclusively responsible for all content that you create,
transmit or display while using the Services and you are solely and
exclusively liable for the consequence of your actions (including any
loss or damage which VLCC may suffer). VLCC exercises no control
over the content posted on the Website/ App using the Services.
Your use of the content accessed or displayed using the Services is
entirely at your own risk.
2. A search using the Services may produce results and links to sites
and content that you may find objectionable, inappropriate, or
offensive and we accept no liability of responsibility for any such
content. It is also possible that your use of the Services will return to
you information regarding products, merchants and links to websites
of third parties selling the product information requested by you.
VLCC hereby disclaims any and all responsibility and liability
associated with the same.
3. You acknowledge and agree that VLCC is not liable for any loss or
damage which may be incurred by you as a result of the availability
of such external sites or resources, or as a result of any reliance
placed by you on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such
web sites or resources.
4. You shall be responsible for monitoring your content, documents
and other data and shall be liable to us for ensuring that the content
transferred to or handled by or within Services does not infringe any
third party rights. You warrant that you possess such necessary
licenses as may be required in order to process your content or use
the Services.
5. You understand that the technical processing and transmission of
the Services, including your Content, may be transferred
unencrypted and involve: (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
6. You hereby acknowledge and understand that as a part of selling
products on the Marketplace, various vendors may post images,
descriptions and other content. We as VLCC are independent
aggregators of these vendors and will have no liability in relation to
such content posted by the said vendors, including without limitation,
in terms of the authenticity or reliability of such content, in any
manner whatsoever.
12. DISCLAIMERS
1. Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service or of
vendors on the Marketplace, 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 or vendor. You agree that,
save as set out herein, VLCC shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers or the
vendors on the Services/the Marketplace.
2. The Services may provide, or third parties may provide, links to other
web sites or resources. Given that we have no control over such
sites and resources, you acknowledge and agree that we are not
responsible for the availability of such external sites or resources,
and do not endorse and are not responsible or liable for any content,
advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that we shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services available on or
through any such site or resource.
3. You agree that your use of the Website/App/Marketplace and the
Services shall be at your sole risk. You expressly understand and
agree that, to the maximum extent permitted by applicable law, the
Website/App/Marketplace and the Services are provided on an “as
is” and “as available” basis for your use, without warranties of any
kind, express or implied, including without limitation the warranties
of merchantability, fitness for a particular purpose, title, non-
infringement, and those arising from course of dealing or usage of
trade. VLCC shall use all reasonable endeavours to ensure that the
Services are uninterrupted but it does not guarantee or warrant that:
(i) the Services will meet your specific requirements; (ii) the Services
will be uninterrupted, timely, secure, or error-free; (iii) the results that
may be obtained from the use of the Services will be accurate or
reliable; and (iv) the quality of any Products, services, information,
or other material purchased or obtained by you through the Services
will meet your expectations; and (v) any errors in the Services will
be corrected.
4. If you are older than 30 (thirty) years of age, or if you have not been
physically active for more than 1 (one) year, or if you have any
medical history that may put you at risk, including, without limitation,
one or more the following conditions, you are required to seek
approval from a qualified health care practitioner prior to using the
Services:
1. heart disease;
2. high blood pressure;
3. family history of high blood pressure or heart disease;
4. chest pain caused by previous exercise;
5. dizziness or loss of consciousness caused by previous
exercise;
6. bone or joint problems;
7. diabetes, high cholesterol, obesity; or
8. arthritis.
5. You should discontinue exercise in cases where it causes pain or
severe discomfort and should consult a medical expert prior to
returning to exercise in such cases. We reserve the right to deny
you access to the Services for any reason or no reason, including if
we determine, in our sole discretion, that you have certain medical
conditions.
6. The content of the Website/App/Marketplace, including without
limitation, text, copy, audio, video, photographs, illustrations,
graphics and other visuals, is for informational purposes only and
does not constitute/substitute professional medical advice,
diagnosis, treatment or recommendations of any kind. You should
always seek the advice of your qualified heath care professionals
with any Questions or concerns you may have regarding your
individual needs and any medical conditions. You agree that you will
not under any circumstances disregard any professional medical
advice or delay in seeking such advice in reliance on any content
provided on or through the Website/App/Marketplace. Reliance on
any such content is solely at your own risk.
7. The content provided on or through this Website/ App regarding
drug or dietary supplements or products for sale on the Marketplace
have not been evaluated or approved by any regulatory authority
including the Drug Controller of India.
13. CONTENT LICENSE FROM YOU
1. Some areas of the Services may allow Users to post news,
feedback, comments, Questions, data, documents, pictures and
other information (“User Content”). You are solely responsible for
your User Content that you upload, publish, display, link to or
otherwise make available (hereinafter, Post”) on the
Website/App/Marketplace, and you agree that we are only acting as
a passive conduit for your online distribution and publication of your
User Content. VLCC will not review, distribute, or reference any
such User Content except as provided herein or in our Privacy Policy
or as may be required by law.
2. By Posting any User Content on the Website/App/Marketplace, you
expressly grant, and you represent and warrant that you have a right
to grant, to VLCC a royalty-free, sub-licensable, transferable,
perpetual, irrevocable, non-exclusive, worldwide license to use,
reproduce, modify, publish, list information regarding, edit, translate,
distribute, publicly perform, publicly display, and make derivative
works of all such User Content and your name, voice, and/or
likeness as contained in your User Content, in whole or in part, and
in any form, media or technology, whether now known or hereafter
developed, for use in connection with the Service. You also hereby
grant each User of the Service a non-exclusive license to access
your User Content through the Services, and to use, reproduce,
distribute, display and perform such User Content as permitted
through the functionality of the Website/App/Marketplace and under
this Agreement.
3. You understand that VLCC, in performing the required technical
steps to provide the Services to our users, may: (a) transmit or
distribute your Content over various public networks and in various
media; and (b) make such changes to your Content as are
necessary to conform and adapt that Content to the technical
requirements of connecting networks, devices, services or media.
You agree that this license shall permit VLCC to take these actions.
4. You are solely responsible for your contributions to any online forum
VLCC may offer through or as part of the Services (“Community
Participation”), such as and without limitation, responses to blog
postings, bulletin board postings, and other contributions to online
discussions. By submitting to Community Participation you: (a)
represent to VLCC, in each instance, that you either own or have
the right to display or transmit each and every element of your
Community Participation, and that your submission will not violate
the legal rights or interests of any person or entity; and (b) grant to
VLCC a perpetual, irrevocable, royalty free license to use your
Community Participation, in each instance, as a whole or in any part,
for any business purpose, including without limitation, promotional,
marketing and training purposes.
5. You confirm and warrant to VLCC that you have all the rights, power
and authority necessary to grant the above license.
14. BILLING AND PAYMENT
1. Certain aspects of the Services may be provided for a fee or other
charge. If you elect to use paid aspects of the Services, you agree
to the terms of sale, pricing, payment and billing policies applicable
to such fees and charges. VLCC may add new services for
additional fees and charges, or amend fees and charges for existing
services, at any time in its sole discretion.
2. It is your responsibility to promptly provide VLCC with any contact
or billing information changes or updates (including phone number,
email address, credit card numbers, etc.). VLCC does not validate
all credit card information required by the Customer's payment
provider to secure payment.
3. Should you choose to upgrade any of the Services provided, through
in-app purchases, payment will be charged to your credit/debit card
and net banking through your iTunes account or Google Play Billing
account at confirmation of purchase. Subscription renews
automatically unless cancelled at least 24 (twenty four) hours prior
to the end of the subscription period. Please note all in-app
purchases in excess of Rs. 2,000 (Rupees Two thousand) per
transaction shall be subject to additional factor authentication as
mandated by the Reserve Bank of India.
4. You must notify VLCC about any billing problems or discrepancies
within 30 (thirty) days after charges first appear on their account
statement. If it is not brought to VLCC’s attention within 30 (thirty)
days, You agree to waive your right to dispute such problems or
discrepancies.
5. In respect of purchases made on the Marketplace, you hereby
acknowledge and agree that no refund requests will be entertained
in any manner whatsoever and no refunds will be initiated therefor.
15. INDEMNITY AND LIMITATION OF LIABILITY
1. You agree to defend, indemnify and hold harmless VLCC, its
officers, directors, employees and agents, from and against any and
all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Service and Website/
App/Marketplace; (ii) your violation of any term of this Agreement;
(iii) your violation of any third party right, including without limitation,
any copyright, property, or privacy right; or (iv) any claim that your
User Content caused damage to a third party. This defence and
indemnification obligation will survive this Agreement and your use
of the Service and Website/App/Marketplace.
2. The material displayed on our Website or App/Marketplace is
provided without any guarantees, conditions or warranties as to its
accuracy. To the extent permitted by law, we, our Subsidiaries and
Affiliates and third parties connected to us hereby expressly
exclude:
1. conditions, warranties and other terms, which might
otherwise be implied by statute, common law or the law of
equity;
2. Any liability for any direct, indirect or consequential loss or
damage incurred by any user in connection with the
Services, our Website/ App/Marketplace or in connection
with the use, inability to use, or results of the use of the
Services or our Website/ App/Marketplace, any websites
linked to it and any materials posted on it, including, without
limitation any liability for:
1. loss of income or revenue;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data;
6. loss of goodwill;
7. wasted management or office time; and
8. for any other loss or damage of any kind, however
arising and whether caused by tort (including
negligence), breach of contract or otherwise, even
if foreseeable or advised of the possibility of the
same.
3. Our liability to you shall under all circumstances be limited to a
maximum of the amount paid by you (if any) at the time of
registration on our Website/ App to use the Services and/or the
purchase price paid by you for Products in the Marketplace.
16. OFFENCES
1. You must not misuse our Website/App/Marketplace by knowingly
introducing viruses, trojans, worms, logic bombs, time bombs,
cancel bots, spyware or other material, computer programming
routines, codes, files or such other programs which are malicious or
technologically harmful, or limit the interests of rights of other users
or limit the functionality of any computer software, hardware or
telecommunications. You must not attempt to gain unauthorized
access to our Website/ App/Marketplace, the server on which our
Website/ App/Marketplace is stored or any server, computer or
database connected to our site. You must not attack our Website/
App/Marketplace via a denial-of-service attack or a distributed
denial-of service attack.
2. By breaching this provision, you would commit a criminal offence
under the Information Technology Act, 2000 (and any
amendments). We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those
authorities by disclosing your identity to them. In the event of such a
breach, your right to use our Website/ App/Marketplace will cease
immediately.
3. We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer
programs, data or other proprietary material due to your use of our
Website/ App/Marketplace or to your downloading of any material
posted on it, or on any Website/App/Marketplace linked to it.
17. LINKING TO THE WEBSITE
1. You may link to our home page, provided you do so in a way that is
fair and legal and does not damage our reputation or take advantage
of it, but you must not establish a link in such a way as to suggest
any form of association, approval or endorsement on our part where
none exists. You must not establish a link from any website that is
not owned by you.
2. Our Website/ App/Marketplace must not be framed on any other
site, nor may you create a link to any part of our site other than the
home page. We reserve the right to withdraw linking permission
without notice. The Website/App/Marketplace from which you are
linking must comply in all respects with the content standards set
out in these terms and conditions.
3. These linked sites are under no way in control of VLCC and we shall
not be held responsible for the contents of any linked sites, including
without limitation to any link contained in the linked site or any
changes or updates to linked site. We shall not be held responsible
for any transmission whatsoever received by you from any linked
site. The Website/ App provides links to you only as a convenience
and the inclusion of any link does not imply endorsement by us or
any association with its operators or owners. You are requested to
verify the accuracy of all information on your own before relying on
such information.
4. If you wish to make any use of material on our Website/ App other
than that set out above, please address your request
to: custoercare@vlccpersonalcare.com.
18. ADDITIONAL TERMS FOR THE MOBILE APP
1. You are granted a limited, non-sub-licensable right to access the
Mobile App, Desktop App, the Services and Data for the purpose of
enabling you or other users to access the Website or the App or the
Marketplace and/or the Services via third party software or website.
Any use of the Mobile App, Desktop App, is bound by the terms of
this agreement plus the following specific terms:
1. You agree that you are solely responsible for (and that we
have no responsibility or liability to you or to any third party
for) any services and/or products you provide through any
third party software;
2. You expressly understand and agree that we shall not be
liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if we have been advised of
the possibility of such damages), resulting from your use of
the Mobile App and Desktop App;
3. You will not use the Mobile App or the Desktop App to
create software that sends unsolicited communications
(whether commercial or otherwise) to any third party;
4. We reserve the right at any time to modify or discontinue,
temporarily or permanently the Desktop, App and Mobile
App by providing a notice of 48 (forty eight) hours with or
without notice;
5. Abuse or excessively frequent requests to the Services via
the Desktop App and Mobile App may result in the
temporary or permanent suspension of your account’s
access. We, in our sole discretion, will determine abuse or
excessive usage;
6. We reserve the right at any time to modify or discontinue,
temporarily or permanently, your access to the Mobile App
and the Desktop App by providing a notice of 48 (forty
eight) hours;
7. We may make available software to access the Service via
the App using a mobile device. VLCC does not warrant that
the App will be compatible with your mobile device. VLCC
hereby grants you a non-exclusive, non-transferable,
revocable license to use a compiled code copy of the App
for one Member account on one mobile device owned or
leased solely by you, for your personal use. You may not:
(i) modify, disassemble, decompile or reverse engineer the
App, except to the extent that such restriction is expressly
prohibited by law; (ii) rent, lease, loan, resell, sublicense,
distribute or otherwise transfer the App to any third party or
use the App to provide time sharing or similar services for
any third party; (iii) make any copies of the App; (iv)
remove, circumvent, disable, damage or otherwise
interfere with security-related features of the App, features
that prevent or restrict use or copying of any content
accessible through the App, or features that enforce
limitations on use of the App; or (v) delete the copyright and
other proprietary rights notices on the App. You
acknowledge that VLCC may from time to time issue
upgraded versions of the App, and may automatically
electronically upgrade the version of the App that you are
using on your mobile device. You consent to such
automatic upgrading on your mobile device, and agree that
the terms and conditions of this Agreement will apply to all
such upgrades. Any third-party code that may be
incorporated in the App is covered by the applicable open
source or third party license EULA, if any, authorizing use
of such code. The foregoing license grant is not a sale of
the App or any copy thereof, and VLCC or its third party
partners or suppliers retain all right, title, and interest in the
App (and any copy thereof). Any attempt by you to transfer
any of the rights, duties or obligations hereunder, except as
expressly provided for in this Agreement, is void. VLCC
reserves all rights not expressly granted under this
Agreement.
19. SECURITY
1. We have implemented commercially reasonable technical and
organizational measures designed to secure your personal
information and User Content from accidental loss and from
unauthorized access, use, alteration or disclosure. However, we
cannot guarantee that unauthorized third parties will never be able
to defeat those measures or use your personal information and User
Content for improper purposes. You acknowledge that you provide
your personal information at your own risk.
20. OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING
TRADEMARKS/SERVICE MARKS
1. All right, title and interest in usage of the terms
vlccpersonalcare.com, VLCC including but not limited to all texts,
graphics, user interfaces, visual interfaces, computer code and any
other information associated therewith are reserved by us.
2. All right, title, and interest in and to the Services (excluding your
Content) are and will remain the exclusive property of VLCC
Wellness Products and Services Private Limited and its licensors.
Any use of this Website/ App or its contents, including copying or
storing it or them in whole or part, other than for your own personal,
non-commercial use is prohibited without the permission of VLCC
Wellness Products and Services Private Limited.
3. Except as expressly provided in these terms of use, no part of VLCC
and no content or marks, data, statistics, independent research
conducted and posted by VLCC may be copied reproduced,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, or distributed in any way including
(“mirroring”) to any other computer, server, website, or other
medium for publication or distribution of any for any commercial
enterprise, without prior written consent.
4. By accepting the use of terms hereunder you agree that the VLCC
does not transfer/assign the title to the Website/App to you, and
nothing in these terms and conditions shall imply or be deemed or
construed to mean that any right, title and interest (including but not
limited to intellectual property rights) stands transferred/assigned to
you by VLCC, we retain the full and complete right, title and interest
to the Website/App, and all intellectual property, title and interest to
the Website/App, and all intellectual rights therein. You may not
redistribute, sell, decompile, reverse engineer, dissemble, or
otherwise reduce the Website/App in any manner which is contrary
to this Agreement.
5. Any usage of VLCC’s contents, without the written authorization of
VLCC, shall be considered a breach of this Agreement, and you
shall be required indemnify VLCC for all liability incurred in this
regard.
21. GOVERNING LAW
1. The jurisdictional court of Haryana shall have sole jurisdiction over
any claim arising from, or related to, a visit to / use of the Website/
App/Marketplace or the Services, although we retain the right to
bring proceedings against you for breach of any of these terms and
conditions in your country of residence, country of use or other
relevant country. The laws of India govern this Agreement and these
terms and conditions of use of the Services.
2. VLCC accepts no liability whatsoever, direct or indirect, for
noncompliance with the laws of any country other than that of India,
the mere fact that Website/ App/Marketplace can be accessed or
used or any facility can be availed of in a country other than India
will not imply that we accede to the laws of such country.
22. RELATIONSHIP BETWEEN THE WEBSITE AND LEGAL NAME
1. The website www.vlccpersonalcare.com and the associated mobile
application, VLCC, is registered and owned by VLCC Wellness
Products and Services Private Limited, and usage of this
Website/App and affiliated links is subject to the Terms of Use and
Privacy Policy.
END USER LICENCE AGREEMENT
THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AND BINDING
AGREEMENT BETWEEN YOU AND VLCC WELLNESS PRODUCTS AND
SERVICES PRIVATE LIMITED ("COMPANY"). BY CLICKING ON THE “I AGREE”
BUTTON BELOW AND BY INSTALLING OR OTHERWISE USING THE VLCC
APPLICATION (THE “APP”) ON YOUR CELLULAR MOBILE PHONE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND
CONDITIONS ON THE CELLULAR MOBILE PHONE / START-UP APPLICATION,
THEN DO NOT CLICK “I AGREE” OR INSTALL, COPY AND/OR USE THE
APPLICATION.
YOU MUST SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU AGREE
TO IT AND CONTINUE WITH THE INSTALLATION.
1. LICENSE
1. Subject to the terms and conditions of this EULA, the Company
hereby grants you a limited, non-commercial, non-sub-licensable,
non-exclusive, non-transferable right to install and use the App on
one portable wireless device. You may not make the App available
over a network where it could be used on multiple devices at the
same time.
2. The term “Appincludes any patches, revisions, updates, upgrades,
software, code, files, images and other embedded software or
replacements of the App (the “Revisions”) that may be delivered to
you or that you may receive or that may be released by Company,
unless other terms and conditions are provided with the Revisions.
If such terms and conditions are provided, you will have to agree to
those terms and conditions before you are entitled to receive the
Revisions. You also agree that upon the installation of any
Revisions, you are only permitted to use the App as modified by the
Revisions. You shall not either directly or indirectly, or through any
third party, modify, adapt, translate, redistribute, rent, lend, network,
lease, loan, issue, resell, for profit, or create derivate works based
on the App and any portion thereof.
3. You acknowledge that by installing the App on your cellular mobile
phone, the App may aggregate, collect, retain or transmit to secure
servers personal information such as, but not limited to, contact
information, the serial number and IMEI number of your wireless
device or cellular mobile phone. You hereby consent to the App
collecting and storing such information on Company' servers and to
receive calls from us, from time to time regarding updates of your
progress from using the App and promotional information or offers
in connection with the Services provided under the App.
2. RESTRICTIONS ON USE
1. The following restrictions shall apply to your use of the App and the
license granted herein:
1. You hereby acknowledge and agree to use the App as
permitted in this Agreement;
2. You shall not copy or reproduce any portion of the App;
3. You shall only use the App for your own personal, non-
commercial use;
4. You shall not distribute, share, transfer, sell, lease or rent
the App or any part of it to any other person;
5. You shall not change, alter, modify or create derivative
works, enhancements, extensions or add-ons to the App or
any part of it;
6. You shall not remove, alter or obscure any proprietary
notice (including any notice of copyright or trademark) of
the Company or its affiliates, partners, suppliers, or the
licensors of the App;
7. You shall not use the App for any revenue generating
endeavor, commercial enterprise, or other purpose for
which it is not designed or intended;
8. You shall not use any electronic communication feature of
the App for any purpose that is unlawful, tortious, abusive,
intrusive on another’s privacy, harassing, libelous,
defamatory, embarrassing, obscene, threatening, or
hateful.
9. You shall not use any proprietary information or interfaces
of the Company or other intellectual property of the
Company in the design, development, manufacture,
licensing or distribution of any applications, accessories or
devices for use with the App;
10. You will not collect or store personal information about
other users.
11. You shall not decompile, reverse engineer or disassemble
the App or any part of it either in whole or any portion of
any component, thereof and in anyway create, develop or
derive, including without limitation to any operational,
technical, programming technique/sequence, feature,
interface, algorithm, video, audio, imagining, graphics,
applets, texts, animations, routine or conditions from the
App; and
12. Violate any applicable laws, rules or regulations in
connection with your access or use of the App;
13. You will at all times comply with, and will not circumvent or
attempt to circumvent, any of the restrictions on use set
forth anywhere in this EULA.
3. DATA CHARGES
1. You acknowledge that applicable network/data charges may be
incurred through your use of the App and you agree that you are
responsible for any and all such charges that may be charged to you
and that Company shall have no liability to you whatsoever in
respect of such charges. You also agree that the charges incurred
through your use of the App are dependent on your agreement with
your service provider and that Company has absolutely no liability
to you in respect of such charges. You agree that use of the App
whilst outside your home circle might incur additional roaming
charges and agree to be solely liable for such charges. Company
has no liability to you in respect of such charges.
4. INTELLECTUAL PROPERTY RIGHTS
1. The App may features trademarks, logos, service marks, product
names and designations, by making these trademarks available
through the App and in content, the Company is not selling you the
App to use it in any manner, and you are not granted any rights
under any of Company’s intellectual property rights.
2. This EULA does not grant you any rights to trademarks, copyrights
or patents of the Licensor.
3. Any unauthorized copying, displaying, selling or distributing or other
use of any content or App is a violation of the law.
5. DISCLAIMER
1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU
ARE INSTALLING AND USING THE APP AT YOUR OWN RISK.
THE APP AND ALL DATA AND CONTENT PROVIDED THROUGH
THE APP IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND
WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND.
THE COMPANY AND EACH OF ITS LICENSEES, AFFILIATES
AND AUTHORIZED REPRESENTATIVES (THE “PARTIES” OR
“PARTY’) EXPRESSLY AND SPECIFICALLY DISCLAIM ALL
WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY, NON-INFRINGEMENT AND FITNESS FOR A
GENERAL OR PARTICULAR PURPOSE WITH RESPECT TO THE
APP AND CONTENT OR THOSE ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE. THE COMPANY CANNOT AND
DOES NOT WARRANT THAT THE APP WILL OPERATE
WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM
VIRUSES AND ERRORS, OR THAT THE APP WILL NOT
INTERFERE WITH THE FUNCTIONING OF OTHER SOFTWARE
OR PROGRAMS INSTALLED ON YOUR CELLULAR MOBILE
DEVICE AND WILL MEET YOUR REQUIREMENTS. NO ORAL,
WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN
BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR
CONDITION WITH RESPECT TO THE APP OR OTHERWISE.
2. THE APP MAY BE SUBJECT TO BREACHES OF SECURITY AND
THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY
RESULTING DAMAGE TO ANY USER’S DEVICE FROM ANY
SUCH BREACH INCLUDING BUT NOT LIMITED TO ANY VIRUS,
BUGS, TAMPERING, UNAUTHORIZED, INTERVENTION,
OMISSION, DELETION, DEFECT.
3. THE COMPANY PROVIDES NO ASSURANCE THAT ANY
SPECIFIC ERRORS OR DISCREPANCIES WILL BE
CORRECTED.
4. THE COMPANY IS NOT LIABLE FOR ANY NETWORK FAULTS
OR DOWNTIME IN NETWORK SERVICES. YOU AGREE AND
ACKNOWLEDGE THAT RELAY OF TEXT MESSAGES IS
NETWORK DEPENDANT AND COMPANY IS NOT
RESPONSIBLE FOR ANY MESSAGES FAILING TO REACH
THEIR INTENDED RECIPIENTS.
5. THE APP USES THE READ ONLY MEMORY (ROM) OF YOUR
CELLULAR MOBILE PHONE TO FUNCTION EFFICIENTLY AND
EFFECTIVELY. YOU AGREE AND ACKNOWLEDGE THAT THE
APP MIGHT AUTOMATICALLY HIBERNATE OR GO INTO STAND
BY MODE IS THE ROM ON YOUR CELLULAR MOBILE PHONE
IS INSUFFICIENT TO RUN THE OEM APPS AND FUNCTIONS.
THE COMPANY IS NOT RESPONSIBLE FOR THE APP
HIBERNATING AND YOU AGREE THAT YOU ARE SOLELY
RESPONSIBLE TO KEEP YOUR CELLULAR MOBILE PHONE
OPTIMIZED.
6. IT IS POSSIBLE THAT THE APP MAY GET LOCKED OR STOP
WORKING IF THE DATA ON YOUR CELLULAR MOBILE PHONE
CAUSES YOUR PHONE TO CRASH OR REQUIRES THE
OPERATING SOFTWARE TO BE REINSTALLED. THE COMPANY
IS NOT LIABLE OR RESPONSIBLE TO YOU IN ANY MANNER
WHATSOEVER FOR SUCH AN OCCURRENCE.
6. LIMITATION OF LIABILITY
1. YOU UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCE WILL THE COMPANY, ITS AGENTS,
LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT
FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT,
CONTRACT, STRICT LIABILITY OR OTHERWISE YOUR MISUSE
OF THE SOFTWARE. THE COMPANY SHALL NOT BE LIABLE
FOR ANY LOSS OR DAMAGES INCLUDING BUT NOT LIMITED
TO DAMAGES OF PERSONAL INJURY, EITHER DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE,
ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION,
FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL
PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF,
OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE
APP (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO,
LOSS OF PROFITS, BUSINESS INTERRUPTION, SAVINGS,
LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS, LOSS
OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE APP OR
THE CELLULAR MOBILE DEVICE OR ANY ASSOCIATED
EQUIPMENT OR DOCUMENTS), EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
CASE, THE ENTIRE LIABILITY OF COMPANY SHALL BE
LIMITED TO THE AMOUNT PAID BY YOU TO SUBSCRIBE TO
THE SERVICES PROVIDED ON THE APP.
7. DAMAGES
1. You shall defend and hold Company harmless from and against any
and all liabilities, damages, costs, expenses or losses arising out of
your improper or unauthorized use of the App, your negligent or
wrongful acts, your violation of any applicable laws or regulations,
and/or your breach of any provision of this EULA.
8. EVALUATION TERM & TERMINATION
1. Any license not purchased for the full license fee and any trial
version, are provided for a limited duration and for the limited
purpose expressly communicated to you in connection with the App.
At the end of the evaluation/trial period, you will cease use of the
App, remove the App from your cellular mobile device and destroy
all copies of the App. Failure to remove the App shall be a breach of
this EULA.
2. You agree that the App may automatically disable itself at the end
of the evaluation/trial period and consent to such disabling feature.
You also agree that Company may send you reminders to purchase
a permanent license key, whether during or after the evaluation/trial
version.
3. You agree that any evaluation/trial version is not full-featured and
the use of certain features of the App may be disabled or limited in
any manner deemed appropriate. You may activate all features of
the App by purchasing a license key as communicated to you.
4. Without prejudice to any other rights, Company may terminate this
EULA if you fail to comply with or breach the terms and conditions
of this EULA or for any other reason upon delivery of notice, unless
such breach, where capable of cure, is cured by you immediately
upon receipt of a notice of such breach from the Company. In such
event, you must cease use of the App and destroy all copies of the
App and all of its component parts and associated documents. You
agree that Company may remotely disable the App in the event of
termination under this section.
9. ENTIRE AGREEMENT
1. This EULA constitutes the entire agreement between you and
Company relating to the App and supersedes all prior or
contemporaneous oral or written communications including but not
limited to any terms and conditions of purchase, proposals and
representations with respect to the App or any other subject matter
covered by this EULA. The headings in this agreement are for
convenience and reference only and do not affect the interpretation
of this EULA.
2. The provisions of the terms of service set out above and privacy
policy set out below shall be read together with this EULA and are
deemed to be an integral part of this EULA. While this EULA governs
your use of the App, the terms of service and privacy policy govern
your access and use of the services offered on the VLCC website
and the VLCC App.
10. SEVERABILITY
1. If any provision of this EULA is held to be void, invalid,
unenforceable or illegal, by a court of competent jurisdiction then
other provisions shall continue in full force and effect. Such invalid
or unenforceable provision(s) shall be replaced by (a) valid and
enforceable one(s) which achieve(s) to the extent possible the
original purpose of the invalid provision(s).
11. GOVERNING LAW
1. The laws of the republic of India govern this EULA. All disputes are
subject to the jurisdiction of the courts in Haryana and you submit to
such jurisdiction.
12. REFUND POLICY
1. We believe to give you a great customer experience every time you
shop with us, but considering the fact that same product cannot be
used by other customers upon return due to hygiene factors, we
don’t accept exchange or return of the products once sold or
delivered.
2. For Cancellations
3. Pre Paid- Prior to shipment
4. All you need to do is give us a call within 24 working hours post order
placing of your order at our customer care no. +91-124-4719700 or
drop an email at customercare@vlccpersonalcare.com within a
period of 24 working hours from the time/date of placing the product
5. If order is cancelled before dispatch, full Refund will be initiated
within 48 working hours (excluding Weekends & Public Holidays) of
raising the Refund request.
6. All refunds will be made with same mode of transaction for prepaid
orders. For COD orders, payment will be made via Cheque / Net
banking only.
7. If the product is shipped or is in transit, the refund will be initiated
once we get the product back in the warehouse
8. In this case the courier charges will be deducted from the refund
amount
9. COD Orders
10. Please note that the Cash on Delivery (COD) convenience charge
and the shipping charge would not be included in the refund value
of your order as these are non-refundable charges.
11. Keep the product and the package ready in case of VLCC India to
pick up.
12. Exchange Policy
13. Exchange of products will be accepted only if the products are
returned in a saleable condition with the tags intact and in their
original packaging, in an undamaged condition and subject to
following terms:
14. If Wrong Size/Flavor/Colour/Brand/Model delivered or damaged in
transit, the order will be replaced free of cost.
15. Return/ replacement if received in damaged condition will be done
only when the same has been reported to customer service within
24 hours of receiving along with the images of the damaged product,
subject to inspection and checking by VLCC India Team.
16. Damages due to neglect, improper usage or application will not be
covered under our Returns/Exchange Policy.
17. If QC fails, then same product will be shipped back to the customer
and Refund will not be done.
18. Once your exchange request has been placed with customer care
team, it usually takes about 3 business days to have the product
picked from your place and another 7 days to initiate exchange /
refund subject to product inspection. In case you are sending the
product back on your own, the delivery time would depend on your
chosen courier. Once the item is received in our warehouse, it
undergoes a Product Inspection which takes about 7 working days.
19. Once the exchange the product is accepted, VLCC India will issue
VLCC India’s Credit Notes. VLCC Credit Notes can be utilized on a
future purchase on the website.
20. Scanned copy of courier slip needs to be emailed to us within 7
business days of opening the return request.
21. In case of exchange of the product, you can return the product
hassle free into our address at: Khasra No 45//6/1 Min, 6/2 Min, 7,8
in the revenue estate of Village Jauri, Tehsil Farrukh Nagar,
Gurgaon 123506
22. However, do give us a call and we can help you with the steps to
follow in case of Exchange:
23. Place your item in its original packaging mentioning your Name,
Order no. and Mobile Number, on the top of the box, and insert the
original invoice.
24. The final price of exchanged products should be equal to or more
than the price of returned items.
25. Exchanged product is dispatched as soon as the returned item/s has
passed product inspection.
26. In case you choose an item of higher value, you can pay the
differential amount by way of Net Banking, Credit card / Debit card
etc.
27. You can buy any number of items in exchange provided the final
price of exchanged products should be equal to or more than the
price of returned items.
28. *SOME SPECIAL RULES FOR PROMOTIONAL OFFERS MAY
OVERRIDE VLCC PERSONAL CARE, EXCHANGE/ RETURNS
POLICY
29. GRIEVANCE OFFICER
30. In accordance with Information Technology Act 2000 and rules
made there under, the name and contact details of the Grievance
Officer are provided below:
In the event of any complaints or concerns with respect to the
website or our services, please contact our Grievance Redressal
Officer Mrs. Roshini Goveas at:complaints@VLCC.com or +91
93425 53230.