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Terms of Use
Nouvel Cosmetiques LLP (“NCL”) maintains the website www.icosmetiques.com ("Website") to provide visitors with information about NCL’s profile, information, products and services (“Services”) and to facilitate communication with various users availing its Services. “NCL” offers the Website as a forum to disseminate information about itself, its Services, to receive user feedback through “Customer Reviews” section and to source business through the internet (“Blogs”).
By continuing to use the Website, irrespective of whether you are a customer, visitor, guest, registered user, or others who browse the Website ("You" or "User"), and by logging onto the Website, you agree to be bound by the Terms of Use (hereinafter referred to as the "Terms of Use"). If you represent an entity, firm, or company, your use of the Website signifies that you are binding your entity, firm, or company to these Terms of Use. If you do not agree to all the Terms of Use, you will not have any right to use the Website and shall not use the website. These Terms of Use are to be construed as an offer by “NCL” to you to access/use the Website, which upon your use of the Website, shall be deemed to be acceptance thereof, making these Terms of Use a binding contract in law ("Contract").
Please read these Terms of Use carefully before using/accessing Website, Services offered by “NCL”. The term “you” as used herein refers to all individuals and/or entities accessing the Website through individuals (whether authorized in this behalf or not) for any reason. These Terms of Use shall govern the usage of the Website by you. It is your responsibility to review the Terms of Use thoroughly. “NCL” reserves the right to modify the Terms of Use from time to time without notice and in its sole discretion at any time by updating the Website and your continued use of the Website after any modifications by “NCL” shall constitute your acceptance of such modifications.
Your Acceptance:
Your use of the Website is subject to the published Terms of Use and the Privacy Policy at https://www.icosmetiques.com/pages/privacy-policy. Each time you use the Website, you agree to be bound by the following Terms of Use and Privacy Policy. If you do not agree to all conditions, then you must immediately discontinue your use of the Website.
“NCL” may revise and update these Terms of Use from time to time at “NCL’s” sole discretion. All changes are effective immediately when “NCL” publishes the changes and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. The User is expected to keep abreast of any changes made in this Website and the information available on it on a regular basis, and “NCL” undertakes no responsibility about advising the User about any such changes.
In accessing the Website you agree that (1) all information, content, materials, data, news items, products (including, but not limited to text, content, photographs, graphics, video and audio content), financial data, news, research, recommendations, and opinions or other financial information (“Content”) on the Website is protected by copyright in the favour of “NCL” under applicable copyright laws and is also protected otherwise under general intellectual property law, (2) all information submitted through the Website shall be deemed to be the property of “NCL”, and “NCL” shall be free to use any ideas, concepts, know‐how or techniques provided by you at the Website, in any manner whatsoever and that you shall at no point claim any intellectual property rights on the same. You agree to be contacted by “NCL” or any other entities with whom “NCL” has entered into an arrangement, (3) the software and hardware underlying the Website as well as other Internet related software which are required for accessing the Website are the legal property of “NCL” and its respective vendors. The permission given by “NCL” to access the Website will not convey any proprietary or ownership rights in the above software/hardware. You shall not attempt to modify, translate, disassemble, reproduce, decompile, or reverse engineer the software / hardware underlying the Website or create any derivative product based on the software / hardware and (4) not all the products and services offered on this Website are available in all geographic areas and you may not be eligible for all the products or services offered by “NCL” on the Website. “NCL” reserves the right to determine the availability and eligibility for any product or service.
Links to Other Websites:
The Website may contain links to third-party websites that are not owned or controlled by “NCL”, including links provided by Users. “NCL” has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
By using the Website, you expressly relieve “NCL” from any and all liability arising from your use of any third-party Website and “NCL” shall not be responsible or liable to anyone for such third-party site, or any content, products or services made available on such a site. Accordingly, “NCL” encourages you to be aware when you leave the Website, to read the terms of use and privacy policy of other websites that you visit.
Unless “NCL” expressly state otherwise, the fact that “NCL” has provided a link to a Website is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. The content, accuracy, opinions expressed and other links provided by other third‐ party sites are not verified, monitored or endorsed by “NCL” in any way. “NCL” does not make any warranties, and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through other third party websites.
Registration and Subscription:
In consideration of your use of the Website, you agree to: (a) provide true, accurate, updated and complete information about yourself as a user and (b) maintain and promptly update the personal information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not updated or incomplete or “NCL” has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, then “NCL” has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). “NCL” is concerned about the safety and privacy of all its users and shall protect the personal information as per reasonable standards and procedures.
Content posted on the Website:
You understand and agree that “NCL” may review, edit and/or delete the Content on the Website in the sole discretion and judgment of “NCL” that violate this Contract, or which might be offensive, obscene, illegal, or that might violate the rights, harm, or threaten the safety of other users of the Website, or offends public and religious sentiments or against the public policy or against any laws of any country. You are solely responsible for the information and content that you download, put up, publish, display, or share on the Blog on the Website, or transmit to other users. By posting the Content on any public area of the Website, you automatically grant, and you hereby represent and warrant that you have the right to grant, to the Website an irrevocable, perpetual, non-exclusive, free of cost, worldwide license to use, copy, perform, display, and distribute such content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
User conduct:
You understand that all images, information, data, text, software, graphics, video, messages, or other content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not “NCL”, are entirely responsible for all content that you upload, post, mail, transmit or otherwise make available on/by the Website. “NCL” does not control the content posted by User on the Website and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Website, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will “NCL” be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, mailed, transmitted or otherwise made available on/by the Website.
You agree not to use the Website or host, display, upload, modify, publish, transmit, update or share information that:
• belongs to another person and to which the User does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, threatening, abusive, harassing, vulgar, tort, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or gambling, or otherwise unlawful in any manner whatsoever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or prevents investigation of any offence or is insulting to any nation;
• impersonate any person or entity, including, but not limited to “NCL”, its officials, directors, employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
• upload, post, mail, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary duty/relationships;
• upload, post, mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party;
• upload, post, mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• upload, post, mail, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
• edit the content in such a manner to replace identities of persons with others wrongfully, illegally and without their consent;
• intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
• collect or store personal data about other users;
• upload, post, mail, transmit or otherwise make available any images or other content of persons without their knowledge or consent;
• not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website, use of the Website or access to the Website;
• violates any law for the time being in force.
Accessing the Website:
“NCL” reserves the right to withdraw or amend this Website, and any service or material “NCL” provides on the Website, at its sole discretion without any notice. “NCL” will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, “NCL” may restrict access to some parts of the Website, or the entire Website, to Users, including registered users.
“NCL” will not be liable in any way for the interruption or cessation in the providing of the Content, or other aspect of the Website. “NCL” is not responsible for, and makes no warranties regarding, the access, speed, or availability of the Internet in general or the Website in particular.
The Website is controlled and offered by “NCL” from its facilities in India. “NCL” makes no representations that the Website is appropriate or available for use in other countries. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with Indian law.
You are responsible for:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection or device are aware of these Terms of Use and comply with them.
• To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by “NCL’s” Privacy Policy and you consent to all actions “NCL” takes with respect to your information consistent with the Privacy Policy.
• We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Legal Disclaimer:
The Website may provide the Content that has been compiled by “NCL” or are otherwise available on public domain. The Website may also provide certain presentation decks for use by the Users which may also be downloaded by the Users only for personal information and for non-commercial use subject to the condition that the Users agree to maintain all copyright and other proprietary notices contained in the Content. While “NCL” endeavours to keep the Content substantially error-free, “NCL” specifically disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, accuracy, reliability, merchantability or fitness for a particular purpose. The Blog is provided only as a tool to enhance “NCL’s” reach to the Users. Any information posted on Blog is not necessarily endorsed by “NCL” and “NCL” disclaims any and all warranties arising out of such Information dissemination through Blog.
All data and Information is provided "as is" and “as available” basis and the Information is intended solely as general information purposes only and is neither professional advice for any particular product offered by “NCL” nor a substitute for other professional advice and services from other providers familiar with your personal and financial situation. Decisions based on Information contained within the Website are your sole responsibility. “NCL” encourages that you seek advice of your advisors or other qualified services provider regarding any product you may choose. The Information is provided with the understanding that neither “NCL” nor its Users are engaged in rendering professional services or advice. Your use of the Website is subject to this disclaimer: “NCL” assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based on the Information or other material on this Website and “NCL” hereby expressly disclaims all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose.
User Information:
While assessing the Website, you provide User information on your own accord. "User Information" as used in the Terms of Use means, collectively, the information, such as text, data, reports, analyses, information and other content that Users post, submit, provide, or otherwise make available to the Website, including without limitation discussion groups, message boards, and personal information. User Information specifically includes personal information such as name, likeness, email address, hometown, and country, as well as any other information provided by the User through the format prescribed on the Website and/or programmatically available to the Website. “NCL” will maintain the secrecy of the User Information under the applicable laws.
“NCL’s” policy with respect to the collection and use of your personal information and registration data is set forth in “NCL’s” Privacy Policy. For more information, please click here.
Use of the Website:
“NCL” hereby grants you permission to use the Website as set forth in these Terms of Use provided that you will comply with the Terms of Use and with any Information Providers' Terms of Use linked to the Website.
You agree not to use, copy, modify, reformat, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess or distribute any content on the Website, including without limitation, the Content or use any Content for any commercial purposes without obtaining prior written consent from “NCL” and/or the appropriate third party.
You may download material displayed on the Website for non‐ commercial, personal use only. If you download material, you agree to maintain all copyright and other proprietary notices contained on the materials. Any material downloaded or otherwise obtained by the use of the Website is done at your own discretion and risk and that you will be solely responsible and “NCL” shall not be liable for any damage to your computer system, loss of data that results from the download of any such material and any loss or damage of any kind including a loss of property or otherwise.
To access certain features of the Website, you may have to register on the Website. You may never use another's registration without permission. When registering, you must provide accurate and complete information. You are solely responsible for the activity that occurs under your registration. You are solely responsible for the security and/breach of your password.
With the exception of applications commonly known as web browser software, or other applications formally approved by “NCL” in writing, you agree not to use any software, program, application, or any other device to access or log on to the Website or to automate the process of obtaining, downloading, transferring, or transmitting any content, information, or quotes to or from the Website. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "scrapers," or "offline readers," to access the Website. Notwithstanding the foregoing, “NCL” grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the Website for any commercial solicitation purposes.
“NCL” may permanently or temporarily terminate, suspend, or otherwise refuse to permit User's access to the Website without notice and liability, if in “NCL’s” sole determination, User violates any of the Terms of Use, including the following prohibited acts, which you agree not to perform; (i) use the Website for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, illegal, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person's view, objectionable; (ii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (iii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (iv) upload invalid data, viruses, worms, or other software to the Website ; (v) impersonate another person or otherwise misrepresent User's affiliation with a person or entity, conduct fraud, hide or attempt to hide User's identity; (vi) submit, upload, post, email, transmit or otherwise make available any Information or Content that User does not have a right to make available; (vii) interfere or attempt to interfere with the proper working of the Website ; (viii) bypass the measures we may use to prevent or restrict access to the Website ; or (ix) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
Ownership of Intellectual Property Rights and Confidential Information:
“NCL” including its group companies, subsidiaries, agents, licensors and partners, or their third-party data or content providers, have exclusive proprietary rights to the Content provided on this Website. The Content and the trademarks, service marks, trade names, icons, and logos contained therein ("Marks"), including without limitation, the terms "NCL", and the “NCL” logos, are owned by “NCL” in various jurisdictions or usage allowed to “NCL” and owned by its group companies, subsidiaries, agents, licensors and partners, or their third-party data or content providers, and are subject to copyright and other intellectual property rights under Indian and foreign laws and international conventions. “NCL” including its group companies, subsidiaries, agents, licensors and partners, or their third-party data or content providers retain all respective proprietary rights in the Content and Marks. Content and Marks may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. “NCL” reserves all rights not expressly granted in and to the Website and the Content. “NCL” retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or by the Website (including all texts, graphics and logos).
You acknowledge and agree that the Website, Content, information, tools and technology used in the building, development, creation and hosting of the Website and any other necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. “NCL” owns the copyright to all information, works of authorship on the Website and in the products of “NCL”. All trademarks, service marks, and logos used on the Website are the trademarks, service marks or logos of “NCL” or permitted by the said proprietors for the display on the Website. You shall not use any such names, logos, trademarks, software and works of authorship without “NCL’s” prior written consent. You agree that other than the right to access the Website and view the information contained on the Website under the Terms of Use set forth herein, you acquire no ownership, title, right or interest of any kind in or of the Website or any portion of any Content or information on the Website. You further, agree that all title, right and interest therein and thereto remains with “NCL”. You shall not copy any of the information or Content provided on the Website and must not copy this information or Content to any other Website or similar forums as your content or otherwise.
Warranty Disclaimer:
The information provided through the Website is provided "as is" and "as available." You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, “NCL”, its group companies, suppliers, service partners, agents, employees, licensors, consultants, officers and directors disclaim all warranties, express or implied, in connection with the Website and your use thereof. “NCL” makes no warranties or representations about the accuracy, adequacy, timeliness, or completeness of this Website's Content or the content of any sites linked to this Website and assumes no liability or responsibility for any
• errors, omissions, mistakes, or inaccuracies of content,
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website,
• any unauthorized access to or use of “NCL’s” secure servers and/or any and all personal information and/or financial information stored therein,
• any interruption, delay or cessation of transmission to or from the Website,
• any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on the Website
• the services of the Website will meet your requirements,
• the quality of any products, services, information, or other material sourced or obtained by you or created by you through the Website will meet your expectations or
• the results that may be obtained from the use of the Website shall be accurate or reliable or and/or
• merchantability and fitness of the products and services for a particular purpose. “NCL” provides no guarantee against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. “NCL” does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and “NCL” will not be a party to or in any way be responsible for monitoring any transaction between you and third‐party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Your sole remedy for dissatisfaction with the Website and/or Content contained on the Website is to stop using the Website.
Indemnity:
You agree to indemnify, defend and hold “NCL”, its group companies, suppliers, service partners, agents, employees, licensors, consultants, officers and directors harmless from any and all claims, damages, obligations, losses, liabilities, costs, damages, awards, judgements, settlements or debt, and expenses (including but not limited to attorney's fees) that may be asserted, granted, imposed or brought against “NCL” arising from:
• your unauthorized use of and access to the Site;
• your violation of any term of these T& Cs ;
• your violation of any third party right, including without limitation any privacy right;
• any claim regarding NCL's use of your submissions; or
• any claim that one of your submissions caused damage to a third party.
• infringement or alleged infringement of any rights in and to registered or pending patents, trademarks service marks, design rights, copyright, rights to extract or re-utilize data from a database or other database rights, confidential information and any other industrial or commercial property right whatsoever, whether existing now or in the future of any third party;
• use or misuse of the Services of the Website as a User or otherwise;
• any representation and warranty being false and misleading in any manner whatsoever; and
• any third-party claim or any offence committed by you in any manner whatsoever and under all applicable laws.
This defense and indemnification obligation will survive termination of these Terms of Use and/or discontinuance of your use of the Website.
Assignment:
These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by “NCL” to any third party without restriction, including and without limitation, in the event that “NCL” forms a partnership with, is merged with, is acquired by another company or in any similar situation.
Term and Termination:
Your permission to access the Website under these Terms of Use will immediately terminate if you fail to comply with any term or condition mentioned herein and on the Website. Upon such violation, you agree to terminate access to the Website. You agree that “NCL”, in its sole discretion and with or without notice, may terminate your access to the Website, and remove and discard any content within the Website. “NCL” may also in its sole discretion with or without notice discontinue providing the Website to you or any other User. You also agree that “NCL” will not be liable to you or any third party for any termination of your or User’s access to the Website.
Governing Law:
The Website is a passive Website and that the Website does not give rise to personal jurisdiction over “NCL”, either specific or general, in jurisdictions other than Mumbai, India. You agree that these Terms of Use shall be governed and interpreted pursuant to the laws of India, notwithstanding any principles of conflict of law or your actual state or country of residence. You agree to submit to the personal and exclusive jurisdiction of the courts located within Mumbai, India.
You also agree to submit all disputes, difference, claims and questions whatsoever arising out of this Contract and concerning these presents or anything herein contained or in any way relating to or arising from these presents shall be referred to a sole Arbitrator to be appointed mutually by the parties. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and shall be conducted in English. The award of such Arbitrator so appointed shall be final and binding on all the parties to this Contract. The venue and seat of arbitration is Mumbai. The sole Arbitrator must pronounce the award as expeditiously as possible alter entering on the reference or within such time as he may deem expedient. Any notice and communication by the Arbitrator to the User at the email address provided by the User during registration on NCL’s Website shall be deemed to be sufficient notice to the User. The costs and expenses of the arbitration proceedings shall be borne by the User.
Entire Agreement/Severability:
These Terms of Use, together with the Privacy Policy, Legal Disclaimers and any other legal notices published by “NCL” on the Website and/or any related third-party Website that links to this policy, including any content, functionality and services offered on or through the site(s) is the entire Contract between you and “NCL”.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, Privacy Policy, Legal Disclaimers and any other legal notices published by “NCL”, which shall remain in full force and effect.
No Waiver:
No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and NCL's failure to assert any right under these Terms of Use shall not constitute a waiver of such right.
Cookies and Data use:
We use cookies on this application / website to analyze traction, to offer you our various services including beauty products to provide you with uniquely designed content and to elevate your user experience. By agreeing to these terms, you hereby confirm that you have read our privacy policy and are agreeable to the terms thereof, and provide your express consent for us to access, store, use, process, share, and retain your information. You also unconditionally consent to us to receive your credit and financial information, including your bureau score and data from other third parties, if relevant, and to reach out to you via email, SMS, WhatsApp or online display or other means of delivery with our offers.
Modification of the Website or Terms of Use:
“NCL” reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Website, any portion thereof, or any content thereon without notice, or modify these Terms of Use.
“NCL” may notify you about significant changes to the Website, products and services, and special offers by putting them on the website.
By continuing to access or use the Website after “NCL” makes any such revision, you agree to be bound by the revised Terms of Use.