We, Evoscent India Perfumes Private Limited, Legal Address: Techno IT Park, Near Eskay Resorts, Near Times Square Restaurant, Link Road, Borivali West Mumbai, Maharashtra, India, 400092 (‘Company’, ‘we’, ‘us’, or ‘our’), a company registered under the Companies Act 2013 having its registered office at Mumbai, Maharashtra India.
These Terms & Conditions constitute a legally binding agreement made between you, whether personally (‘you’), and Evocsent India Perfumes Private Limited, concerning your access to and use of the website, www.evoscent.in (hereinafter – the “Website”) and its Products. You agree that by accessing the website, you have read, understood, and agreed to be bound by all of these Terms & Conditions & Conditions.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions & Conditions at any time and for any reason.
The Website are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website.
OUR WEBSITE:
The information provided when using the Website is not intended for distribution, tool use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
PRODUCTS:
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Website. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT:
We accept the following forms of payment:
- Debit/credit cards;
- Net banking;
- UPI;
- NEFT.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. GST will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian Rupees.
You agree to pay all charges at the prices then in effect for your purchases. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
REFUND POLICY:
Please review our Return Policy posted on the Website prior to making any purchases.
INTELLECTUAL PROPERTY RIGHTS:
Our intellectual property:
We are the owner or the licensee of all intellectual property rights in our Website, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Website (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).
Our Content and Marks are protected by Copyright Act 1957 and Trade Marks Act 1999 (and various other intellectual property rights and unfair competition laws).
The Content and Marks are provided in or through the Website ‘AS IS’ for your personal, non-commercial use only.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms & Conditions and your right to use our Website will terminate immediately.
Your use of our Website:
Subject to your compliance with these Terms & Conditions, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you a non-exclusive, non-transferable, revocable license to access the Website; and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Terms & Conditions, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Website, Content, or Marks other than as set out in this section or elsewhere in our Terms & Conditions, please address your request to: evoscent.india@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Website or Content, you must identify us as the owners or licensors of the Website, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Website, Content and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms & Conditions and your right to use our Website will terminate immediately.
USER REPRESENTATIONS:
By using the Website, you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Terms & Conditions;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Website through automated or non-human means, whether through abbot, script or otherwise;
- you will not use the Website for any illegal or unauthorized purpose; and
- your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
USER REGISTRATION:
To use the Website you will be required to register. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES:
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing form.
As a user of the Website, you agree not to:
- Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
- Use any information obtained from the Website in order to harass, abuse, or harm another person.
- Make improper use of our support Website or submit false reports of abuse or misconduct.
- Use the Website in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Website.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, Including without limitation, clear graphics interchange formats (‘gifs’), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
- Interfere with, disrupt, or create an undue burden on the Website or the networks or Website connected to the Website.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
- Copy or adapt the Website’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up apart of the Website.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Website.
- Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
GUIDELINES FOR REVIEWS:
We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
MODIFICATIONS AND INTERRUPTIONS:
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms & Conditions will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW & JURISDICTION:
These Terms & Conditions shall be governed by and defined following the laws of India. Evoscent India Private Limited and yourself irrevocably consent that the courts of Mumbai shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms & Conditions.
USER DATA:
We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website.
MISCELLANEOUS:
These Terms & Conditions and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. These Terms & Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms & Conditions or use of the Website.
CONTACT US:
In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:
Email: evoscent.india@gmail.com.