END USER LICENSE AGREEMENT
We, the Operators of this Website, provide it as a public service to our users.
If you have questions regarding these policies please contact us. firstname.lastname@example.org
Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the "User") do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.
Aerthly reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.
Permitted and Prohibited Uses
You may use the website/app for browsing or buying products. These products are only aggregated by Aerthly only on behalf of sellers, manufacturers or marketing companies. Hence Aerthly only provides a platform to allow exchange between buyers like your and sellers. And hence Aerthly takes no responsibility whatsoever for quality, effects, packaging or delivery of the products. The entire liability remains between Sellers, Courier companies & Buyers.
You may also use the Website for the purpose of sharing and exchanging ideas with other Users. You may not use the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the SEBI, any rules of any national or other securities exchange, and any Indian laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libellous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. Aerthly shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
Aerthly note that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. Aerthly reserve the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
This Website is directed to be used by adults only. We assume that any minor, if at all, accessing our Website is under the supervision of their guardians. Aerthly 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 any rights of a third party in whatsoever nature
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, temporarily or permanently block or suspend your account without any liability to Aerthly.
You expressly agree and understand that Aerthly is merely an aggregator of the products and is not responsible or liable in any way for the fitness, quality of the products being displayed on the website and in no way can be held responsible or liable for any damage or loss or claim arising out of or in connection with the product in any manner whatsoever.
Use of Personally Identifiable Information
Product & Services Information
Aerthly attempts to be as accurate as possible in the description of the product on the Website. However, Aerthly does not warrant that the product description, colour, information or other content of the Website is accurate, complete, reliable, current or error-free. The Website 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.
Aerthly 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. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
Product Use & Services
The products and services available on the Website, and the samples, if any, that Website 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 reasons.
In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit you, please note that Aerthly is in no manner responsible for any manufactural side-effects or service provider and manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same. Any recommendation made to you in the Website during the course of your use of the Website is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by Aerthly or any of its associates in any manner.
Aerthly strives to provide accurate product and pricing information, however errors may occur. Aerthly cannot confirm the price of the product until you make the order. Without limiting the generality of Cancellations, Refunds and Returns below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, Aerthly 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 or the service has already been availed by you. In the event that an item is wrongly priced, Aerthly may, at its 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 and the services are availed, your offer will not be deemed accepted and Aerthly 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 or placing of order, or cancel the order and notify you of such cancellation. In the event that Aerthly accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Aerthly’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.
Prices and availability of the products and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of Aerthly. Aerthly may revise and cease to make available any product/ services at anytime. In the event, Aerthly is unable to deliver the product to you on time or at all, you will be notified by an 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. Aerthly shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
Cancellations, Refunds And Returns
Please refer to our Cancellation, Refunds and Returns Policy provided on our Website.
Mode of Payment
Payments for the products available on the Website may be made in the following ways:
Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
Cash On Delivery option is not available for orders outside India.
Shipping and Delivery
Please refer to our Shipping and Delivery Policy provided on our Website, as amended from time to time.
The Chat Functionality shall be provided, when ready, to help you with any and all Website related queries. Any use of this service shall be subject to the following conditions:
Aerthly may suspend the chat service at any time without notice.
Aerthly or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
Communication through chat may be stored by Aerthly for future reference, and the user of such service will not have the right to access such information at any future date.
While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
Intellectual Property Rights
The "Aerthly" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of Aerthly. All other Marks provided on the Website are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any Marks in any manner. Marks displayed on this Website, whether registered or unregistered, of Aerthly or others, are the intellectual property of their respective owners, and Aerthly shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
Aerthly and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Website, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Website is the exclusive property of Aerthly and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Website shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents ") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. The Contents and software on this Website are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Website is strictly prohibited. Unless Aerthly explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Aerthly, any of its affiliates or by third parties who have licensed their materials to Aerthly and are protected by Indian copyright laws and international treaties.
Representations and Warranties
This Website is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Website in terms of their correctness, accuracy, reliability, or otherwise. Aerthly 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 Website.
Aerthly shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. Aerthly 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 Website.
Aerthly through the Website intends to provide its users with general information about beauty and healthcare topics and products. The Website encourages its users to interact with Aerthly and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Website or on social networking sites, including the Website’s Facebook page, or any information provided over chat or e-mails exchanged with Aerthly, its employees or representatives (collectively referred to as "Information ") which are in furtherance of any communication made by the user with Aerthly, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While Aerthly takes reasonable care to ensure that the Information is accurate, Aerthly makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by Aerthly or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Aerthly, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
In keeping with Aerthly's objective of providing \its users with general information about beauty and healthcare topics and products, Aerthly engages experts having knowledge of in their respective fields ("Experts ") to respond to queries posted by users. Any information provided by the Experts, either over the Website, through e-mails, chat rooms or on social networking sites, including the Website's facebook page (collectively referred to as "Expert's Opinion") is based on the Expert’s personal opinion. The Expert's Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. Aerthly makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert's Opinion. In case any user relies on such Expert's Opinion, he/she may do so at its own risk. Under no circumstances will the Aerthly, Company, its employees, representative or affiliates be liable for such Expert's Opinion or for the consequences of relying on such Expert's Opinion.
For any general information posted on the Website, users must not infer or assume that such information necessarily applies to them.
Disclaimer of Warranty and Limitation Of Liability
THE WEBSITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE (WHICH ARE SOLELY WARRANTED BY THE RESPECTIVE MERCHANT), EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE 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 WEBSITE; (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 WEBSITE; (E) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (G) EVENTS BEYOND THE REASONABLE CONTROL OF AERTHLY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS 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 WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Governing Law And Jurisdiction
Without any prejudice to particulars listed above, Aerthly shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.
Links to Other Materials
References on the Website 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 Aerthly endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Aerthly and those third parties.
Aerthly 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. Aerthly do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Website. 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 off-website pages and other websites that you visit via the Website.
Aerthly's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity 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 and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at email@example.com