TERMS AND CONDITIONS

  • We kindly request that you carefully review these Terms of Use ("Terms"). They encompass the legal terms and conditions that govern your access to and usage of our websites, mobile sites, and mobile applications, collectively referred to as our "Sites and Apps," as well as the products and services we provide. Please be aware that certain services, promotions, and features may have additional terms and conditions. These additional terms and conditions are included and considered a part of these Terms.
  • By accessing and using any of our Sites and Apps, you are indicating your agreement to abide by these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference. These Terms govern not only your use of our Sites and Apps but also any products you may order or services you may utilize through them. We reserve the right to update or modify these Terms at any time by posting a revised version. Your continued use of the Sites and Apps following any changes constitutes your acceptance of those changes. Furthermore, when you place an order for products or use our services, you acknowledge that you have carefully read and reviewed these Terms in their entirety, and you agree to be bound by them and our Privacy Policy, as they represent binding and enforceable obligations upon you.

YOUR USE OF OUR SITES & APPS

  • You are granted access to and permitted to use the www.colorsoul.co site and apps solely for your personal and non-commercial purposes. Any use of our sites and apps that goes beyond what is expressly authorized is prohibited, including but not limited to the reproduction, duplication, copying, sale, resale, reverse-engineering, or any other form of commercial exploitation, unless you have obtained our prior written authorization. We retain the right to modify or discontinue our sites and apps, either partially or en tirely, at any time and at our sole discretion.
  • Subject to your compliance with these Terms, we provide you with a limited, non-exclusive, non-transferable right and license to access and use our site, including its images, text, graphics, sounds, data, links, and other materials, solely as made available by us and solely for your personal use. Without our written consent, you may not use, reproduce, distribute, modify, transmit, or publicly display any portion of our Sites and Apps, or create derivative works without our consent.

    During the use of our Sites and Apps, you agree not to:
    1. Defame, abuse, harass, stalk, threaten, or violate the rights of others, including privacy or rights of publicity.
    2. Impersonate individuals or entities, or provide fraudulent, misleading, or inaccurate contact information.
    3. Restrict or hinder other users from accessing or using our Sites and Apps, including by means of hacking or defacing any part of it.
    4. Violate applicable laws or regulations.
    5. Upload, transmit, or display on our Sites and Apps any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or objectionable material, or infringe upon our or any third party's intellectual property or other rights. This includes confidential or pro prietary information of any third party, unsolicited commercial communication (unless expressly permitted), or any material that pro motes solicitations, chain letters, pyramid schemes, or investment opportunities.
    6. Engage in spamming or transmitting any software or materials that contain viruses, worms, trojan horses, defects, or other harm ful items.
    7. Modify, adapt, translate, distribute, reverse-engineer, decompile, or disassemble any part of our Sites and Apps, or remove any copyright, trademark, or proprietary rights notices.
    8. Display adult nudity or inappropriate child nudity, upload photographs without permission, and use the Share Sites for sales.
    9. Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.
    Failure to comply with these rules will constitute a violation of these Terms, and we reserve the right to immediately terminate your access and use of our Sites and Apps, in addition to any other rights or remedies we may have.
    Certain features of our Sites and Apps may allow you to send and receive transmissions. You acknowledge that we bear no re sponsibility or liability for any transmissions or content included in such transmissions sent or received by you. We reserve the right, at our sole discretion and at any time, to impose limits on the number and size of transmissions, storage space, or any feature pro vided through our website.

YOUR MEMBER ACCOUNT

  • To access certain features of our Sites and Apps, you have the option to create a member account. This involves registering your name, providing requested information about yourself, and setting a password. It is important that you provide accurate, current, and complete information about yourself and ensure it remains up to date. Safeguarding the confidentiality of your username and password is your responsibility when accessing your member account on our Sites and Apps. You agree not to disclose your user name or password to any third party. You acknowledge that you are solely and entirely responsible for any activities or actions car ried out using your account, whether authorized by you or not. If you become aware of any unauthorized use of your account on any of our Sites and Apps, it is your obligation to promptly notify us.

MAKING PURCHASES

  • If you decide to make a purchase of products or services through any of our Sites and Apps, we will request certain information from you that is relevant to your purchase, including payment and other details. Any information you provide will be handled in ac cordance with our Privacy Policy. It is essential that all information provided to our third-party payment processor or us is accurate, current, and complete. By initiating any transaction, you confirm that you have the legal authority to use the credit card(s) or other payment methods utilized. You are responsible for all charges incurred by you or any authorized users of your account and credit card, including applicable taxes. Please note that we may need to verify the information associated with a purchase before accept ing the order.
    The descriptions, images, references, features, content, specifications, products, prices, and availability of products or services may change without prior notice. Our current prices can be found on our Sites and Apps. While we make reasonable efforts to accu rately display the characteristics of our products, such as colors, please be aware that the actual color you see may vary depending on your computer system, and we cannot guarantee precise color representation. The inclusion of any products or services on our Sites and Apps at a specific time does not guarantee their availability at all times. It is your responsibility to comply with all applica ble local, state, and international laws, including minimum age requirements, regarding the possession, use, and sale of any pur chased item through our Sites and Apps. By placing an order, you affirm that the products will be used lawfully. We reserve the right, with or without prior notice, to limit product quantities, discontinue any product or service, impose conditions on promotions, restrict users from making purchases, or refuse to provide products or services. After shipment, any liability or loss associated with purchases becomes your responsibility. In certain cases, we may ship partial orders without additional charges, and payment for partially shipped items may be processed at the time of shipment.

CONTESTS AND SWEEPSTAKES

  • In addition to the terms and conditions outlined in this agreement, any contests, sweepstakes, surveys, games, or similar promo tions (referred to as "Promotions") offered through our Sites and Apps may have their own specific rules separate from this agree ment. When you choose to participate in any Promotions, you will be subject to those specific rules, which may differ from these Terms. We strongly recommend reviewing the specific rules associated with a particular Promotion, as well as our Privacy Policy, which, along with these Terms, governs any information you provide in connection with such Promotions. In the event of a conflict between the terms and conditions of a specific Promotion and the Terms stated in this document, the former will take precedence.

WEB ADDRESSES (URLs)

  • As part of our services, we may offer you access to personalized pages and the ability to choose corresponding web addresses (URLs). It’s important to note that the availability of specific web pages or URLs cannot be guaranteed, and we retain the right to reclaim, suspend, terminate, or transfer any of these web pages or URLs at any time and at our sole direction. In such situations, we may, if we choose, provide you with an alternative web page and URL.

THIRD-PARTY SITES, SOFTWARE, AND SERVICES

  • Our Sites and Apps may provide links or references to websites, software, or services that are owned or operated by third parties (referred to as "Third Party Properties"). It's important to note that we have not reviewed all of these Third-Party Properties, and we do not have control over them. We are not responsible for the content, operation, privacy practices, or any other aspect of these Third-Party Properties.
    The inclusion of links or references to Third Party Properties on our Sites and Apps does not imply our approval or endorsement of those properties. We provide these links for your convenience only. Please be aware that you are responsible for any costs associ ated with using these Third-Party Properties, including any applicable fees or charges. We strongly recommend that you review and familiarize yourself with the terms of use and practices of any Third-Party Properties you visit
    Websites may link to our Site, with or without our authorization. Please note that we do not endorse such websites, and we are not responsible or liable for any links from those sites to our Site, or for any content, advertising, products, or other materials available on or through those websites. Any loss or damages incurred in connection with those links are also not our responsibility. When you use third-party sites, software, and services, including accessing any content, information, data, advertising, products, or other materials on or through such platforms, you do so at your own risk. Your use is subject to the terms and conditions of those third-party sites, software, and services.
    We reserve the right, at our sole discretion and without prior notice, to block links to our Sites through technological or other means if we deem it necessary.

SOCIAL MEDIA AND OTHER SERVICES

  • While using our services, you can choose to grant us access to your accounts on certain third-party social media and other ser vices, such as Facebook, Instagram, YouTube, Twitter, and others (referred to as "SNS"). If an SNS allows it, we can collect and pro vide access to the photos and other content stored in your SNS account(s) ("SNS Content") on our Site. By granting us access to your SNS Content, you acknowledge that we will access, make it available, and store it (if applicable) on our Site. It's important to note that we are not responsible for any SNS Content stored on an SNS that you choose to share on our Site.
    Depending on the SNS you choose and the privacy settings you have set in your SNS account(s), any personally identifiable infor mation you post on your SNS account(s) may be visible on our Site. Please be aware that if an SNS account becomes unavailable or terminates our access to it, any content from that SNS may no longer be accessible on our Site. You have the option to discon nect the connection between our Site and your SNS account(s) at any time by accessing the "Settings" section of our Site and Apps.
    Please remember that your relationship with each SNS, including your rights regarding any content you provide to an SNS and the storage of such content, is solely governed by your agreement(s) with that specific SNS.

MATERIALS SUBMITTED BY THE CUSTOMER

  • By submitting any materials, including photographs, videos, images, text, graphics, and other materials (collectively referred to as "User Submitted Materials"), you agree to the following terms and conditions:

    Ownership: You will retain ownership of your User Submitted Materials. However, you grant us and our designers a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, with the right to sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display your User Submitted Materials. This license is granted solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, if you order a product, we will use and transmit the User Submitted Materials for production, packaging, and shipment. Similarly, if you want to share materials with your friends and family, we will make your photographs available for them to download, use, create projects, and purchase products with those photographs.

    Templates and Layouts: While you retain ownership of your User Submitted Materials, please note that any template or layout in which you arrange or organize your User Submitted Materials using tools and features provided by our Sites and Apps are not pro prietary to you. The rights to such templates and layouts will remain with us. Rights and Legality: You represent and warrant that you own or have the necessary rights to the User Submitted Materials. You con firm that your User Submitted Materials do not and will not infringe, misappropriate, use, or disclose without authorization, or violate any copyright, trade secret right, intellectual property right, or other property right of any third party. Additionally, you affirm that your User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objec tionable.

    Likeness Release: You consent to the use of your likeness in the User Submitted Materials. Furthermore, you have obtained writ ten consent, release, and/or permission from every identifiable individual who appears in your User Submitted Materials to use their likeness. If any identifiable individual is under the age of eighteen (18), you have obtained the necessary written consent, release, and/or permission from their parent or guardian. You agree to provide us with a copy of such consents, releases, and/or permis sions upon our request. We strongly advise against including any identifying information (such as names or addresses) of identifi able individuals under the age of eighteen (18) in your submissions.

    Filtering and Disclosure: We reserve the right to filter User Submitted Materials, including deleting or replacing offensive lan guage. We may refuse to use any User Submitted Materials and may disclose such materials and their circumstances to third par ties when necessary to provide products or services, enforce these Terms, or comply with legal obligations or governmental re quests.

    Indemnification: You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, represen tatives, affiliates, and third-party users harmless from any claims, liabilities, damages, losses, expenses, and costs (including attor neys' fees) arising directly or indirectly from:


    (i)Your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein, or any applicable law
    (ii)Your User Submitted Materials
    (iii)Your activities related to obtaining products or services from us
    (iv)Any activity related to access to or use of your account by you or any other person.

    Removal of Violating Materials: We have the right to remove User Submitted Materials that violate these Terms from our Sites and Apps. However, we are not obligated to remove User Submitted Materials in response to user reports or requests. We are not re sponsible for the removal, non-removal, or loss of any User Submitted Materials from our Sites and Apps. We recommend that you keep backup copies of your User Submitted Materials on your personal hard drive or system

CLAIMS AGAINST OBJECTIONAL CONTENT

  • If you come across any content on the website that you believe to be illegal, offensive (including, but not limited to, sexually explicit material or content promoting racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, or menacing; content that is ethnically objectionable or disparaging; or any content that causes harm to third parties, promotes money laundering or gambling, harms minors in any way, impersonates another person, threatens the unity, integrity, security, or sovereignty of India or friendly relations with foreign states, or is objectionable or unlawful in any manner whatsoever, including content containing software viruses (referred to as "objectionable content"), please promptly notify us by following our designated procedure for reporting claims of right infringements. After receiving such notification, Colorsoul will make every reasonable effort to remove the objectionable content within a reasonable timeframe

COPYRIGHT ISSUES

  • The content available on this website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, belongs to Colorsoul, its affiliates, or its content suppliers. It is protected by Indian and International copyright laws, authors' rights, and database rights laws. The compilation of all the content on this website is the exclusive property of Colorsoul and its affiliates, safeguarded by Indian laws, as well as international copyright and database rights laws. The software used on this website is the property of Colorsoul, its affiliates, or its software suppliers, protected by Indian and International copyright and author's rights laws.
    You are not allowed to systematically extract or re-utilize any parts of the website's contents without the express written consent of Colorsoul and/or its affiliates, as applicable. Specifically, you may not use any data mining, robots, or similar tools for gathering and extracting data to repeatedly or once extract substantial portions of this website for re-utilization without the express written consent of Colorsoul and/or its affiliates, as applicable. Furthermore, you may not create or publish your own database that includes substantial parts of this website (such as prices and product listings) without the express written consent of Colorsoul and/or its affiliates, as applicable

FORUMS

  • You may have the opportunity to share your reviews with other users through various features on our website, including user comment functionality, online image sharing, public gallery, user forums, and blogs (collectively referred to as "Forums"). In these Forums, some participants may use anonymous screen names and may not have any affiliation with us or our family of brands. Please note that a large volume of material is available in our Forums, and occasionally, participants may post messages or make statements that are inaccurate, misleading, deceptive, or contain content that you may find objectionable. We do not endorse or take responsibility for such messages, statements, or content, nor do we endorse any opinions, advice, information, or other statements made by third parties, whether they are users of our Sites and Apps or others. The opinions expressed in the Forums solely belong to the participants and may not necessarily reflect our opinions or those of our family of brands. We are not liable for any errors or omissions in articles or postings, embedded hyperlinks in messages, or any results obtained from using such information.
    While we may have the option to monitor the Forums and the materials displayed, transmitted, or made available through the Forums or our Sites and Apps, we are under no obligation to do so. Therefore, we cannot guarantee continuous monitoring or moderation of the Forums or the content shared within them

DISCLAIMER OF WARRANTIES

  • Apart from the explicit warranties stated in these terms, our products and services, including all materials incorporated within them, are provided on an "as is" basis, without any warranties, whether express or implied. To the maximum extent permitted by applicable law, we, along with our directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates, disclaim all warranties, including but not limited to implied warranties of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, and any warranties arising from the course of dealing, course of performance, or usage of trade. It's important to note that certain applicable laws may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. No statement made by us, our directors, officers, shareholders, employees, contractors, agents, representatives, or affiliates shall create any warranty beyond what is expressly stated in these terms.

LIMITATION OF LIABILITY

  • To the maximum extent allowed by applicable law, neither we nor any of our directors, officers, shareholders, employees, contractors, agents, representatives, or affiliates shall be held liable for any indirect, incidental, consequential, special, exemplary, or punitive damages. This includes damages for loss of business, profits, use, or data, regardless of whether such damages are based on warranty, contract, tort (including negligence and strict liability), or any other legal theory. Even if the Colorsoul parties have been advised of the possibility of such damages, these limitations apply. Such damages may arise from our provision (or failure to provide) products or services, or from unauthorized access to or alteration of your submissions or data. Even if a remedy mentioned here is deemed to have failed its essential purpose, our liability remains limited.
    You acknowledge that Colorsoul shall not be held liable for any defamatory, offensive, or illegal conduct of other users or third parties, and the risk of injury from such conduct rests solely with you. Additionally, Colorsoul will not be liable to you or any third party for any third-party content uploaded. If you are dissatisfied with our products, your sole and exclusive remedy is to obtain a refund. Likewise, if you are dissatisfied with our services, your sole and exclusive remedy is to discontinue using the services. To the fullest extent permissible by applicable law, the maximum liability of Colorsoul arising from our provision (or failure to provide) products or services shall be limited to the actual price paid by you for the product or service. Please note that certain jurisdictions may not allow the exclusion or limitation of incidental, consequential, or certain other types of damages, so some of the above exclusions or limitations may not apply to you.

POLICY FOR IDEA SUBMISSION

  • We understand that many of our customers have valuable ideas and suggestions for products and services that can enhance our Sites and Apps. Whether these ideas are independent or related to our internally developed concepts, we appreciate your interest in contributing to our improvement efforts. However, it's important to note that any ideas or suggestions you submit will become our property, and you hereby assign all intellectual property rights associated with those ideas and suggestions to us. If you wish to retain any intellectual property rights, such as patents, trade secrets, copyrights, or trademarks, in your ideas and suggestions, please refrain from submitting them to us without obtaining our prior written approval.

EVENTS BEYOND OUR REASONABLE CONTROL

  • We shall not be held accountable for any delay or inability to fulfill our obligations under these conditions if such delay or failure is caused by circumstances beyond our reasonable control. This provision does not impact your statutory rights.

COMMUNICATIONS

  • By sending us emails, you engage in electronic communication with us. When placing an order, it is necessary to provide a valid phone number. We may contact you through various means such as email, SMS, phone calls, website notices, or any other communication method. As part of the contractual agreement, you consent to receive communications, including SMS, emails, or phone calls from us, specifically related to your order.

JURISDICTIONAL ISSUES

  • Our Sites and Apps are operated and controlled from India, and they are specifically governed by Indian laws and jurisdiction. They are not subject to the laws or jurisdiction of any other state, country, or territory. We do not guarantee or warrant that our Sites and Apps, products, and/or services, or any part thereof, are suitable or available for use in any particular jurisdiction. We reserve the right, at our sole discretion, to limit the availability of our Sites and Apps, either in whole or in part, to any individual, geographic area, or jurisdiction of our choosing, at any time.
    These terms and conditions are governed by the laws of India and should be construed accordingly. By agreeing to these terms, you consent to submit to the exclusive jurisdiction of the courts located in Mumbai Jurisdiction, aligning with our own submission to such jurisdiction.

JURISDICTIONAL ISSUES

  • Either you or we have the right to terminate your access to our Sites and Apps and your account at any time, with or without cause, and with or without prior notice. If you violate these Terms, we may terminate your access, but this is not the only basis for termination. Upon termination, regardless of the reason, your ability to access and use our Sites and Apps will immediately cease. Additionally, we may delete any information, files, or materials associated with your account, including User Submitted Materials. We hold no obligation to preserve or provide access to such information, files, or materials after termination. Any liability arising from the termination of your access to our Sites and Apps, and the deletion or loss of any information, files, or materials in connection with your account, is waived by you. This waiver extends to any claims made by you or any other party.

ARBITRATION

  • Any disputes or differences arising from or related to this Agreement will initially be resolved through mutual negotiation between the parties. If a dispute cannot be resolved through negotiation, it shall be referred to arbitration in accordance with the Indian Arbitration and Conciliation Act of 1996 (the "Act"), with the applicable rules of the Act being followed unless they contradict the Act itself.

    This Agreement and the rights and obligations of the parties will remain valid and in effect until the arbitration proceedings reach a final award. The award will determine whether and when the termination of this Agreement becomes effective.

    The arbitration proceedings will take place in Mumbai, India, and the language used during arbitration will be English.

    Any decision or award made by the appointed arbitral tribunal will be binding on the parties. The parties agree that any arbitration award can be enforced against the relevant party's assets, regardless of their location, and judgment on the arbitration award, if necessary, can be entered by any court having jurisdiction.

    Each party will be responsible for their respective costs related to the arbitration proceedings, including legal expenses.

PRODUCT DISCLAIMER

  • If you experience any reaction or irritation after using our products, we recommend discontinuing their use and seeking advice from your physician.

OTHER TERMS

  • No Guarantees: There are no guarantees, whether expressed or implied, regarding the use or outcomes of the course and materials. There is no assurance that you will achieve any specific level of knowledge as a result.

    Limitation of Liability: Colorsoul Cosmetics, including its parents, subsidiaries, affiliates, partners, licensors, officers, directors, and employees, holds no liability towards you, irrespective of any circumstances or grounds.

    Copyrighted Materials: Any materials or documents provided are the copyrighted property of Colorsoul. Reproduction of any part of the material is strictly prohibited.

    Jurisdiction: All disputes arising from these terms and conditions are subject to the jurisdiction of the courts in Mumbai.