KosmiQua Ventures LLP

Terms and Conditions

GENERAL

KosmiQua Ventures LLP, having its registered office at 314, Times Square, opp. Bharti residency, Pal Gham Road, Surat–395009, Gujarat, India (collectively referred to as “KosmiQua Ventures LLP”, “we”, “us” or “our”) is managing and operating the website www.kosmiqua.com, and its corresponding mobile/tablet applications (collectively referred to as “KosmiQua”, or “website”, or “app”), which inter alia facilitates the sale and purchase of various beauty and personal care products (“Products”) to the customer (collectively referred to as “Customer” or “user” or “users” or “you” or “your”).

The user may browse through the Products listed for sale on the website and avail services related to such Products (“Services”).

Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access KosmQua. If you are a minor i.e., under the age of 18 years, you may use KosmiQua only with the involvement of a parent or guardian.

By using the website, you expressly agree that these Terms and Conditions (“Terms” or “Terms and Conditions”) govern your usage, of the website, sale and purchase of the Products on the website, access to Services, rights and obligations arising by virtue of usage of any feature of the website. These Terms and Conditions form a binding Agreement between KosmiQua Venture LLP and the Customer (“Agreement”) within the scope of Section 10A of the Information Technology Act, 2000 read with the Indian Contract Act, 1872. Please note that your usage of the website, the Products, offers or promotions in relation to the Products and the Services as may be provided by us or our affiliates or third parties, shall be governed by these Terms and such other terms that may be applicable (“Additional Terms”). If these Terms are inconsistent with such Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or the Product. If you do not agree with any of the Terms, we advise you not to use or access the website.

These Terms and Conditions constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. The Terms and Conditions consist of following sections i.e. (i) ‘Terms of Use of KosmiQua’; (ii) ‘Terms of Sale’; and (iii) ‘Miscellaneous’; respectively. Please read these Terms and Conditions carefully before using or accessing KosmiQua. By using KosmiQua or availing of any Service, you signify your agreement to be bound by these Terms and Conditions.

Part A – Terms of Use of KosmiQua

  1. Registration and Operation of Your Account
    1. In order to use KosmiQua, you will have to register on the website. Registration is a one-time process and is free of cost. You can register on KosmiQua via below mentioned process:
      1. By using your mobile number. You can register by providing relevant information, such as your mobile number, name, and other details relevant to creating an account. Your login ID and password will be created based on the information provided by you, which you can use to access your KosmiQua account at any time.
      2. By using social media login. By using a third party account you may use the login credentials from a third party account as identified by KosmiQua Venture LLP (e.g. Google or Facebook). If you use such third party accounts you will also be subject to such third party terms and conditions applicable to third party accounts as may be imposed by the relevant third party from time to time. It may be noted that any fraudulent activity or abuse of your KosmiQua account due to login via social media is not attributable to KosmiQua Venture LLP.
    2. Due to inactivity in your Account for a substantial time, you may get automatically logged out of your account or you may choose to log out of your account. In case you are logged out of your account and wish to log in, you may log in via One Time Password verification via your registered mobile number.
    3. Your credentials shared by you at the time of registration and your KosmiQua login ID and password are referred to as “Account Information”.
    4. You are solely authorised to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorised access to your account. You will at all times keep your Account Information up-to-date and accurate. You can access and update the Account Information under the ‘My Profile’ section of the website.
    5. You also have the option to browse through the KosmiQua Content and make purchases as a ‘Guest’. If you choose to proceed as a ‘Guest’, the details of the orders placed by you on the website will not be available for you to review. You will however receive the necessary communication and updates regarding your orders. Should you require any assistance or information pertaining to such orders placed by you, you may contact customer support.
    6. You will: (a) immediately inform KosmiQua Venture LLP of any unauthorized usage of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. KosmiQua Venture LLP will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to KosmiQua Venture LLP or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to KosmiQua, terminate accounts, or remove or edit content at any time without notice to you.
  2. Communication and Unsubscription
    1. You understand that once you have shared your Account Information and successfully registered on KosmiQua, you may receive SMS or email notifications from KosmiQua Venture LLP relating to your registration and transactions on KosmiQua.
    2. You may also receive such notifications regarding any marketing / promotional activities that may be available on KosmiQua from time to time. By sharing your Account Information and registering on KosmiQua and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorised representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
    3. KosmiQua Venture LLP may also send notifications and reminders with respect to the Services on KosmiQua. While KosmiQua Venture LLP endeavours to provide these notifications and reminders to you promptly, KosmiQua Venture LLP does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
    4. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from KosmiQua Venture LLP at any time by following the instructions set out in such communications.
    5. Please note all calls made by/to us are confidential in nature. However, the users’ calls may be recorded and monitored to ensure the quality of service and for training purposes.
  3.  Access to Images
    1. By accepting the Terms and Conditions, you provide explicit consent to access your camera and gallery applications installed in your phone or computer, through which you operate KosmiQua .
    2. KosmiQua also gives its users an option to upload an image as their profile picture on the website for a customised and exclusive experience. You acknowledge and agree that in addition to the restrictions set out in paragraph 8 (User Warranties and Restrictions), you will ensure that any image uploaded by you: (i) does not belong to another person, in relation to which you do not have any right; or (ii) such image is not defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethically objectionable; or (iii) is not harmful to child; (iv) should not infringe any copyright or other proprietary rights; (v) does not impersonate another person; or (vi) does not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or (vii) should not contain indecent representation of women in any form; or (viii) violates any law for the time being in force, including but not limited to Information Technology Act, 2000, Indecent Representation of Women (Prohibition) Act, 1986 and Indian Penal Code 1860, and the rules made thereunder (as applicable).
    3. Should the images uploaded by you be covered by intellectual property rights, belonging to you or assigned to you by a third-party, you hereby grant KosmiQua a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, copy, or display, translate and create derivative works of the images that you upload, solely in connection with Products and Services available on KosmiQua.
    4. In the event of a breach of any of the obligations mentioned in this paragraph 3 (Access to Images), you accept that we will not be liable to you or any third-party in relation to any claims, losses, liabilities, damages, and/or costs (including any attorney fees and costs) which may arise from a breach of the aforesaid obligations. You further agree that you will be liable to indemnify us in accordance with paragraph 9 (Indemnification and Limitation of Liability) of the Terms.
  4. License and Access to The Platform
    1. Your use of the website and access to KosmiQua Content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on the website. You will use KosmiQua solely for the intended purpose.
    2. The license granted to you does not include a license for (a) the resale of Products or commercial use of KosmiQua or KosmiQua Content, (b) any collection and use of Product listings, description, or prices, (c) any use of KosmiQua , other than as contemplated in these Terms and Conditions, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of KosmiQua , (f) creating and/ or publishing your own database that features parts of KosmiQua
    3. You grant to KosmiQua Venture LLP a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the website, including comments, or posts on social media without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on KosmiQua . You agree to perform all further acts necessary to perfect any of the above rights granted by you to KosmiQua Venture LLP, including the execution of deeds and documents, at its request.
    4. Please note that KosmiQua Venture LLP at all times reserves the right to refuse your access to the website, terminate your license to use the website, terminate/deactivate your account, remove or edit content on KosmiQua , at its sole discretion, without any prior notice.
  5. Personal Information Privacy
    1. During the course of your registration on and usage of KosmiQua , KosmiQua Venture LLP may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.
    2. KosmiQua Venture LLP respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, KosmiQua Venture LLP has formulated the Privacy policy, which shall be deemed to be included in these Terms and Conditions, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you do not agree with the terms of our Privacy policy, we advise you to not use or access KosmiQua.
  6. Content on KosmiQua
    1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on KosmiQua or any of the other services are the property of KosmiQua Venture LLP or its affiliates (“KosmiQua Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, service marks, trade names and trade secrets in relation to KosmiQua whether or not displayed on KosmiQua , are proprietary to KosmiQua Venture LLP.
    2. KosmiQua Venture LLP may display on KosmiQua any third-party logos, trade names, or trademarks of other brands, as per the license granted to KosmiQua Venture LLP by such brands.
    3. No information, content or material from KosmiQua (including the KosmiQua Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without KosmiQua Venture LLP’s express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KosmiQua Venture LLP and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing KosmiQua Venture LLP’s or its affiliates’ names or trademarks without the express written consent of KosmiQua Venture LLP and/or its affiliates, as applicable. Any unauthorised use terminates the permissions granted in these Terms and Conditions.
  7. Disclaimers
    1. KosmiQua Venture LLP will try to make access to and use of KosmiQua error-free and without interruptions. However, your access to KosmiQua may be occasionally suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities or services on KosmiQua . KosmiQua Venture LLP does not take responsibility for any access or usage problems that may arise from internet related issues at your end.
    2. KosmiQua may contain user generated content which KosmiQua Venture LLP does not pre-screen and which contains views that may be opinions of users/ experts. KosmiQua Venture LLP will do its best to monitor, edit or remove such user-generated content where it is necessary to do so (for instance, if such content violates these Terms and Conditions). KosmiQua Venture LLP does not promise that the user generated content on KosmiQua is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
    3. To help you in identifying the Products of your choice, descriptions of the Products are provided on KosmiQua through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Products, with the actual Product which is ultimately delivered to you. The appearance/colour of the Products when delivered may differ for various reasons.
    4. The Products and/or Services purchased/ received/ availed on the website may cause side effects or may not suit you. Please note that KosmiQua Venture LLP is in no manner responsible for any manufacturing or Product side-effects. Service provider and manufacturer or service provider of the relevant Product or service shall be solely responsible for such side effects and consumer complaints. We advise you to carefully read the individual terms and conditions in relation to the Products and consult a specialist before the use of the same.
    5. The Products and/or Services included on KosmiQua are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. KosmiQua Venture LLP does not covenant or provide any representations and warranties:
      1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on KosmiQua;
      2. that the Products or Services will be made available at all times;
      3. that the operation of KosmiQua , including the functions contained in any content, information and materials on KosmiQua or any third-party sites or services linked to KosmiQua will be uninterrupted, or that the defects will be rectified, or that KosmiQua or the servers that make such content, information and materials available are free of viruses or other harmful components; and
      4. that KosmiQua Content available on the website is complete, true, accurate or not misleading.
    6. Parties other than KosmiQua Venture LLP and its affiliates may operate stores, provide services on KosmiQua . We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. KosmiQua Venture LLP does not assume any responsibility or liability for the actions, Products, and content of any of these and any other third parties. The information displayed or any recommendation made to you on 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 or be deemed to be an endorsement of any Product or service under any circumstances.
    7. You understand that the website may provide third-party services to help you locate and purchase Products. Please note that this service is provided by a third-partyby third-party, and the website does not guarantee nor make any representation with respect to the correctness, completeness or accuracy of such services. You should seek emergency help or follow-up care when required and continue to consult your primary health advisor as you may deem fit.
    8. Any liability or claim arising out of such third-party services availed by you shall be between you and such third-party. The company disclaims any liability that may arise out of your communication, availment of services (including but not limited to deficiency, shortcoming, and inaccuracy) with such third parties.
    9. To the extent permitted by applicable law, KosmiQua Venture LLP disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of Products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on KosmiQua.
    10. KosmiQua Venture LLP 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 access links of any third-party platforms, you are doing so entirely at your own risk and expense.
    11. The Interactive Services provided on the website is to help you with select Products and Services related queries. Any use of this functionality shall be subject to the following conditions:
      1. KosmiQua Venture LLP, employees, directors or its affiliates are not responsible for any suggestions/recommendations made by the beauty advisors from time to time. It is hereby clarified that all recommendations are provided only basis the information you provide to us during the Interactive Services. It is always recommended before using any new Product, please remember to read and follow the appropriate directions for use. If you have a specific skin condition, allergy, or sensitivity, it is advisable to always consult your doctor/perform a patch test as you deem fit, before introducing any Product to your skincare regimen. The Products suggested are purely on the basis of the description/details shared by you above.
      2. KosmiQua Venture LLP or its affiliates 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 KosmiQua Venture LLP for future reference, to improve the quality of service or resolve your concern, and the user of such service will not have the right to access such information at any future date.
      4. While using this feature you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
      5. This feature 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 consult with our online Customer care executive and avail the beauty service only if you agree to the above conditions.
    12. KosmiQua Venture LLP does not warrant that KosmiQua will be compatible with all hardware and software which is used by the user.
    13. While we attempt to provide you error free and smooth experience, in case of an inadvertent error there may be information on KosmiQua that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the Products, pricing, promotions, offers, shipping charges, transit times and availability. KosmiQua Venture LLP reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the website is inaccurate at any time without prior notice.
    14. The offers, discounts and other promotional offers displayed may vary for the users based on factors relating to the user such as usage of the website, volume of transactions, time spent on the website, city, place of residence, time, etc.
  8. User Warranties and Restrictions
    1. You represent and warrant that: (a) your use of KosmiQua will not violate any applicable law or regulation; (b) all information that is submitted to KosmiQua Venture LLP in connection with KosmiQua is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable KosmiQua policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, KosmiQua Venture LLP will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify KosmiQua Venture LLP and its affiliates for all claims brought by a third-party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
    2. The Products and Services available on the website, and the samples, if any, that website may provide you, are for your personal 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.
    3. You will not do any of the following:
      1. Delete or modify any content on KosmiQua , such as any information regarding the services, their performance, sales or pricing;
      2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search KosmiQua;
      3. Make false or malicious statements against the services, KosmiQua or KosmiQua Venture LLP;
      4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage KosmiQua and/or services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of KosmiQua and/or the Services;
      5. Introduce any Trojans, viruses, any other malicious software, any bots or scrape KosmiQua for any information;
      6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
      7. Hack into or introduce malicious software of any kind onto KosmiQua
      8. Gain unauthorised access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
      9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “grieving” as those terms are commonly understood and used on the internet.
    4. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through KosmiQua , any information that:
      1. belongs to another person and to which you do not have any right;
      2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
      3. harms minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. impersonates or defames another person;
      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
      9. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  9. Indemnification and Limitation of Liability
    1. You agree to indemnify, defend and hold harmless KosmiQua Venture LLP, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of KosmiQua or the Services, violation of these Terms and Conditions, or infringement of any intellectual property or other rights of KosmiQua Venture LLP or any third-party. KosmiQua Venture LLP will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide KosmiQua Venture LLP with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
    2. To the fullest extent permitted by law, in no event shall KosmiQua Venture LLP or any of its directors, officers, employees, agents or content or service providers (collectively, the “KosmiQua Venture LLP Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, KosmiQua or the content, materials and functions related thereto, the services, provision of information via KosmiQua , lost business, even if such KosmiQua Venture LLP Representatives have been advised of the possibility of such damages.
    3. In no event shall KosmiQua Venture LLP Representatives be liable for:
      1. the use or inability to use or access KosmiQua;
      2. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through KosmiQua;
      3. any unauthorised access to or alteration of your transmissions of sensitive personal information or other user data; or
      4. any other matter relating to KosmiQua.
    4. KosmiQua Venture LLP is neither liable nor responsible for any actions or inactions of the other users of KosmiQua or any breach of conditions, representations or warranties by them. KosmiQua Venture LLP is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of KosmiQua.
    5. None of the directors, officials or employees of KosmiQua Venture LLP shall be personally liable for any action in connection with KosmiQua or the Services.
  1.  

Part B -Terms of Sale on KosmiQua

  1. Our Contract of Sale
    1. Listing and display of a Product by us on KosmiQua is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on KosmiQua by you is your offer to buy the Product(s) from us.
    2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or SMS confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
    3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or SMS confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
    4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
    5. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal /personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
    6. You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.
    7. All orders placed on KosmiQua are subject to the availability of such Product, our acceptance of your offer as per the above terms and your continued adherence to these Terms of Sale.
  2. Return and refund
    1. Please review the Cancellation, Returns and Refund Policy of KosmiQua , which applies to Products sold by us.
  3. Product availability
    1. We list availability information for the Products on the Product display page. Beyond what we say on that Product display page or otherwise on KosmiQua , we cannot be more specific about availability. Please note that dispatch estimates are not indicative in nature and we do not guarantee the dispatch times. As we process your order, you will be informed by e-mail and/or SMS if any Products you ordered turn out to be unavailable or out of stock.
  4. Product pricing
    1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
    2. Products in your shopping cart of KosmiQua will reflect the most recent price as displayed on the Product’s information webpage on the website. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order.
  5. Sample Products
    1. We may, from time to time, offer you sample Products (“Samples”), free of cost, on purchases made by you on KosmiQua . KosmiQua Venture LLP reserves the sole right to decide the eligibility criteria for providing such Samples to you. Please note Samples (like Products purchased by you on KosmiQua ), are intended for personal use and not for resale or further distribution. We reserve the right, at any point of time, with or without notice, to cancel or reduce the quantity of any Samples, as determined by us in our sole discretion.
    2. Despite our best efforts there may be instances where, (i) you do not receive the Samples with your order; or (ii) the Samples you receive are different from the Samples you chose during your order; or (iii) Samples are defective or deficient. In such instances we will be unable to entertain any replacement or return request from you for the relevant Samples.
    3. The Samples are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, whatsoever. You acknowledge that consumption or use of Samples will be at your sole risk. The Samples may cause side effects or may not suit you. You agree that we will not be responsible for any Product defect, deficiency or side-effects in the Samples and you will not claim any recourse regarding your consumption or use of Samples provided on KosmiQua . We advise you to carefully read the Product details provided on the Samples and consult a specialist before the use of the Samples.
  6. Licenses
    1. You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
  7. Taxes
    1. You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
  8. Limitation of liability
    1. In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the refund of money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
  1.  

Part C - Miscellaneous

  1. Access outside the republic of India
    1. KosmiQua Venture LLP makes no representation that the content on KosmiQua is appropriate to be used or accessed outside the Republic of India. Any users who use or access KosmiQua from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for, or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorised or to any person to whom it is unlawful to promote or solicit.
  3. Term and termination
    1. These Terms shall be effective from the date of their publication on KosmiQua.
    2. KosmiQua Venture LLP reserves the right to terminate the Services in the event of breach of any terms contained in these Terms and Conditions, misrepresentation of information, any unlawful activity by you or if KosmiQua Venture LLP is unable to verify or authenticate any information submitted by you.
    3. You may terminate these Terms at any time, provided that you discontinue any further use of KosmiQua . However, any such termination shall not cancel your obligation to pay for a Product purchased on KosmiQua , or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
  4. Force majeure
    1. KosmiQua Venture LLP will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond KosmiQua Venture LLP’s reasonable control.
  5. Waiver
    1. No provision in these Terms will be deemed waived, and no breach excused, unless such waiver or consent is in writing and signed by KosmiQua Venture LLP. Any consent by KosmiQua Venture LLP to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  6. Severability
    1. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
  7. Governing law and dispute resolution
    1. These Terms, all transactions consummated between KosmiQua Venture LLP and you, and the relationship between KosmiQua Venture LLP and you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
  8. Amendment
    1. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you by KosmiQua Venture LLP, for the use of KosmiQua , and the rights and liabilities with respect to any services to be provided by KosmiQua Venture LLP shall be limited to the scope of these Terms.
    2. These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms and Conditions as available on the website. Your relationship with KosmiQua will be governed by the most current version of these Terms, as published on KosmiQua.
  9. Third Party Terms and Conditions
    1. In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the services. You agree that KosmiQua Venture LLP will not be liable for any transaction between your and any such third parties.
  10. Consultation with Medical Practitioners
    1. We may provide information related to medical practitioners (including dermatologists) on KosmiQua . Any information related to medical practitioners made available on KosmiQua is strictly for your reference. Please note such medical practitioners are acting in their independent capacity and are not appointed or employed by KosmiQua . We hereby further clarify that any information related to such medical practitioners made available on KosmiQua should not be deemed, in any way, as endorsement by us of such medical practitioners.
    2. We are merely providing information as received from the medical practitioners for your reference on KosmiQua . We have not independently verified the accuracy of the information received from the medical practitioners. We make no representation related to the veracity of their qualifications and/or their ability to provide medical advice.
    3. You can reach out to such medical practitioners independently or you can use the call facility available on the KosmiQua app. If you choose to use the KosmiQua app call facility, KosmiQua Venture LLP will not, in any way, be privy to and/or record such interactions between the medical practitioner and you. If you choose to use the call facility on the KosmiQua app you undertake and accept that such call facility should only be used to book an appointment. The call facility should not, in any circumstance, be used to consult with or seek medical advice from the medical practitioners. You understand that you will be solely liable if you use the KosmiQua app call facility in breach of these Terms
    4. You further agree that if you opt to seek medical guidance from the medical practitioners, you will do so independently and at your sole discretion and risk. You also unequivocally agree that any medical advice provided by such medical practitioner will be the independent opinion of the relevant medical practitioner. If you have any concern, dispute, complaints related to your interactions with the medical practitioner and/or medical advice received from the medical practitioner, you will be responsible for addressing/resolving such concerns, complaints or disputes directly with the relevant medical practitioner.
    5. You represent and warrant that KosmiQua Venture LLP is in no way associated with and/or responsible for the interactions between you and the relevant medical practitioner. Therefore, under no circumstances will you raise any complaints, concerns or claims against KosmiQua Venture LLP in relation you your interactions with the relevant medical practitioner.
  11. Policy Governing Product Reviews on the Platform
    1. We will encourage you to restrict any reviews/testimonials that you choose to publish on KosmiQua to be limited to the Products that you purchase on the platform and any input, observation or feedback that you may have with regards to the quality of the Product and/or your experience of using the Product. Your input and feedback with regards to a Product and its quality may act as valuable source of information for other users and assist them in their purchase decisions.
    2. We will, however, request that you do not publish reviews about topics extraneous to the Product and its quality. For example, a review that contains the following content must be avoided:
      1. Content that is false, inaccurate, misleading, defamatory, libellous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, fraudulent or otherwise objectionable;
      2. Content that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
      3. Content for which you were compensated or granted any consideration by any third party;
      4. Content that references other companies or website or content created for advertising or other commercial purposes, such as inclusion of a company logo, link, and company name;
      5. Content that violates any local, national or international law;
      6. Content that includes unsolicited promotions, mass mailings or spamming, political campaigning, advertising or solicitations;
      7. Content that attempts to impersonate other people, accounts, or entities, including impersonating KosmiQua representatives;
      8. Content that is related to your experience with respect to the use of KosmiQua and/or the Services availed on KosmiQua and do not contain content relevant to the Product or its quality;
      9. Content that includes your personal information or the personal information of any third party.
    3. If we encounter reviews with the abovementioned content on the Product page of a particular Product, we reserve the right to delete/remove such reviews at our sole discretion and without any intimation to you.
    4. If you have any feedback and/or input regarding your access and use of KosmiQua and/or the Services provided on KosmiQua we will request you to provide such feedback/input to our customer support team whose contact details you can find in the next paragraph.
  12. Customer Support
    1. For any customer support for the Products available on KosmiQua or Services in connection with KosmiQua, you may reach write to us on support@kosmiqua.com or reach out to us on the number +91 93162 37297 between (All days 10 AM and 6 PM).

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