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Terms of service

TERMS OF USE

 

  1. USE OF THIS SITE

Welcome to www.trazenie.com (“Site”). This Site is owned and operated by Zany Cosmetics LLP, a Limited Liability Partnership registered under the Limited Liability Partnership Act, 2008 and having its registered office at A/3, Tamrind House, Tamrind Lane, Mezzanine Floor, Mumbai, Maharashtra 400023 (hereinafter referred to as “Zany”). You may be accessing our Site from a computer or a mobile phone device. This Site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by the Terms and Conditions set out hereinbelow (hereinafter referred to as “Terms of Use”) along with the Privacy Policy, Shipping Policy and Exchange Policy (hereinafter collectively referred to as “Policies”) as modified and amended from time to time, regardless of the means of accessing the Site.

 

You may also be using our interactive services, such as our beauty suggestions, beauty blog, beauty journal etc. (“Interactive Services”) and these Terms of Use also govern your use of the Interactive Services. These Terms of Use govern all the products offered on the Site including the Interactive and Services.

 

  1. By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding. If you do not agree to any of the terms enumerated in the Terms of Use and/or the Policies, please do not use the Site. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.

 

  1. Zany reserves the right to change the particulars contained in the Terms of Use and/or the Policies from time to time and at any time, without notice to its users and at its sole discretion. If Zany decides to change the Terms of Use or Policies, Zany will post the new version of the Terms of Use and/or the Policies (as the case may be) on the Site. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the changed/modified Terms of Use and/or Policies on the Site. Your continued use of the Site following the changes/modifications to the Terms of Use and Policies constitutes your acceptance of the changed/modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

 

  1. PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of your personal information by Zany in accordance with the terms and purposes set forth in the Privacy Policy, which may be subject to amendment from time to time at the sole discretion of Zany. 

Privacy Policy

 

  1. YOUR ACCOUNT

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. Zany or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe rights of any third party.  

 

If you are accessing, browsing and using the Site on someone else's behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use and/or the Policies, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site.

 

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the Contact Information provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to Zany. 

Contact Us

 

We reserve the right to refuse service and/or terminate accounts without prior notice in case of violation of any of the Terms of Use or if we decide, at our sole discretion, that it would be in Zany's best interests to do so. You are solely responsible for all content that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

 

  1. PRODUCT & SERVICES INFORMATION

Zany attempts to be as accurate as possible in the description of the product on the Site. However, Zany does not warrant that the product description, colour, information or other contents on the Site are accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

Zany reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice to the users. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the products.

 

  1. PRODUCT USE & SERVICES

All our products are 100% vegan and cruelty free. The products and services available on the Site, and the samples, if any, that Zany may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any commercial gains.

 

Though enormous efforts are made and precautions are taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain users or adversely affect users with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that Zany will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products.

 

  1. RECOMMENDATION OF THE PRODUCT& SERVICES

Any recommendation made to you on the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the products or services by Zany or any of its associates in any manner whatsoever.

 

  1. PRICING INFORMATION

Zany strives to provide accurate product and pricing information, however, errors may occur. 

 

Zany cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 8 ( Exchange) below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, Zany shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered to you. In the event that an item is wrongly priced, Zany may, at its sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered, your offer will not be deemed accepted and Zany will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration/sign-up or while placing the order, or cancel the order and notify you of such cancellation.

 

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF ZANY.

Zany may revise and cease to make available any of the products/ services at any time without prior notice. In the event, Zany is unable to deliver the product to you on time or at all, you will be notified via e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Notwithstanding anything contrary contained herein, Zany shall not be liable for any damages, whether direct or indirectly that may have been suffered by the customer due to cancellation of the order or delay in delivery.

 

  1. EXCHANGE

Please refer to our Exchange Policy provided on our Site. 

Exchange Policy

 

  1. MODE OF PAYMENT

Payments for the products available on the Site may be made by Credit Cards, Debit Cards, Net Banking, Wallets. 

 

  1. SHIPPING AND DELIVERY

Please refer to our Shipping and Delivery Policy provided on our Site. 

Shipping Policy

 

  1. CHAT FUNCTIONALITY

The Chat Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:

  1. ZANY may suspend the chat service at any time without notice.
  2. ZANY or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
  3. Communication through chat may be stored by ZANY for future reference, and the user of such service will not have the right to access such information at any future date.
  4. While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
  5. The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
  6. You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.

 

14. INTELLECTUAL PROPERTY RIGHTS

It is agreed and clarified that any and all rights, title, interest including intellectual property rights, copyrights, trademarks, service marks, design rights etc. in and to (i) the wordmark, logo and brand name, “Zany beauty”, “Beauty Spot”; (ii) the names, logos, artworks, descriptions, slogans, packaging and labelling and/or any part thereof of all the products sold by Zany; (iii) the Site, domain name, software, colour scheme, appearance, look and feel of the Site and/or any part thereof; and (iv) any proprietary information including financial data, customer data,  trade secrets, marketing strategies etc. (hereinafter collectively referred to as “Intellectual Property Rights”), whether now registered or may be registered in future, are solely and exclusively owned by Zany and access to the Site does not authorise or grant any person/s any right, title, interest to use, sell, assign, exploit the Intellectual Property Rights in any manner whatsoever.

 

Further, the compilation i.e. the collection, arrangement and assembly of and any all the content on the Site is the sole and exclusive property of Zany and no person/s shall have the right to copy, reproduce , duplicate, republish , download , post, transmit, distribute or modify in whole or in part or in any other form whatsoever, except for personal non-commercial use. No right, title or interest in any downloaded materials or software is transferred to you as a result of such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying by any person/s.

 

  1. LIMITED LICENSE

Zany grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by Zany and its affiliates.

 

Zany ANY reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.

 

  1. REPRESENTATIONS AND WARRANTIES

This Site is provided to you on an “as is” basis. We make no representations regarding the use of and/or the result of the use/depiction of the contents on the Site in terms of their correctness, accuracy, reliability, etc.  Zany shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the content on this Site.

 

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site. Zany shall not be liable and/or responsible for such prevention of uninterrupted access to the Site in any manner whatsoever.

 

Zany shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Zany does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

 

  1. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

Notwithstanding anything contrary contained herein, neither zany nor any of its subsidiaries, affiliates, partners, etc. Make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms of use or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.

 

You agree that, to the fullest extent permitted by applicable laws, neither we nor our subsidiaries, affiliates, partners, etc. Will be responsible and/or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of zany. We make no representations or warranties that defects or errors in posting of content on the site will be corrected.

 

Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, etc. Will be liable and/or responsible for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise.

 

You agree that no claims or action arising out of, or related to, the use of the site or these terms of use may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.

 

This disclaimer constitutes an essential part of the Terms of Use.

 

  1. LINKS AND THIRD PARTY SITES

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply endorsement, sponsorship or recommendation of the third party, information, product or service by Zany or any association and relationship between Zany and such third parties.

 

Zany is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Zany do not assume any responsibility for examining or evaluating the material/content offered on such websites’ pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all such third party website pages and other websites that you visit via the Site.

 

  1. TERMINATION

These Terms of Use are effective unless and until terminated by either you or Zany.

 

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. Zany may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to Zany and/or the Site.

 

Upon any termination of the Terms of Use by either you or Zany, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any obligation, liability that may have arisen under the Terms of Use.

 

  1. INDEMNITY

You agree to defend, indemnify and hold harmless Zany, its partners, employees, officers, agents and their successors and assigns, subsidiaries, affiliates, etc.  from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions (as the case may be), which may result in any loss and/or liability to Zany or any third party including but not limited to breach of any warranties, representations or undertakings or the non-fulfilment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights of Zany, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights of any third parties. This clause shall survive the expiry or termination of the Terms of Use.

 

  1. GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. Any and all disputes arising out of and/or in connection with the Terms of Use shall be subject to the exclusive jurisdiction of the courts in Mumbai.

 

  1. SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

  1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
  4. sending unsolicited email, including promotions and/or advertising of products or services; or
  5. forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

Zany is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You, further, agree  not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents made available by Zany on the Site and other than generally available third party web browsers.

 

  1. ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to the applicable laws for the time being in force including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Zany with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

 

Zany's failure to act with respect to a breach by you or others does not waive its right to act with respect to the subsequent and similar breaches.

 

  1. GENERAL

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between you and Zany concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

 

We reserve the right, in our sole discretion, to change, alter or modify these Terms of Use at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing the use of the Site.

 

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any court of law, tribunal, governmental authority or any other authority,  such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole and shall be modified, to the extent possible, by the adjudicating authority to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only.

 

  1. CONTACT INFORMATION:
Email: care@trazenie.com

 

 

 

 

 

Questions about the Terms of Service should be sent to us at care@trazenie.com

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