USE OF THE PLATFORM

By using our site and mobile application and getting to the data, assets, resources, etc., you consent to utilize these resources and services as allowed by (a) the terms of this User Agreement (‘Terms of Use’), and (b) appropriate laws, regulations and agree to be bound by them. By mere use of this website/ mobile application or its resources, you shall be contracting with BLOOVISH Liability Partnership. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User or who has otherwise agreed to use the resources/ services available on the Platform. The terms “BLOOVISH”, “We”, “Us”, “Our” shall mean BLOOVISH Liability Partnership and its affiliates. You may not use the resources or services of BLOOVISH and may not accept the Terms of Use, if you are not of legal age to form a binding contract with BLOOVISH.

 

You should understand the following

• We reserve the right to change the terms & conditions from time to time without notice. You acknowledge and agree that it is your responsibility to review the terms & conditions periodically to familiarize yourself with any modifications. Your continued use of this site/ application after such modifications will constitute acknowledgement and agreement of the modified terms and conditions.
• To use our Platform and services, you might be required to provide certain information such as name, email, phone number, contact details, etc. You agree that any information you provide will always be accurate, correct, and up to date.
• You are in charge of keeping up the classification of any login data connected with any record you use to get to our Resources/ Platform. In like manner, you are in charge of all exercises that happen under your record/s.
• You are in charge of keeping up the classification of any login data connected with any record you use to get to our Resources/ Platform. In like manner, you are in charge of all exercises that happen under your record/s.
• Duplication, copy, imitation, of our information, resources is strictly prohibited.
• You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this site/ application, without prior written approval from us. You represent and warrant to BLOOVISH that you will not use this site/ application for any purpose that is unlawful, immoral or prohibited by these terms, conditions, and notices. If you do not agree and accept without modification the notices, terms, and conditions set forth herein, do not use this site/ application.
• BLOOVISH disclaims all liability for damages caused by the use of content on the site/ application.

User Account, Password, and Security

If You use the Platform, you shall be responsible for maintaining the confidentiality of your User Name and Password and You shall be responsible for all activities that occur under your User Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform. You agree to immediately notify us of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.

Products and Services

BLOOVISH provides an online platform for purchase of merchandise and accessories for lipsticks and related products (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The purchase of Products shall be additionally governed by specific policies of sale, cancellation policy, exchange policy, return policy, etc. as incorporated in these terms and conditions. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site/ application; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Site/ application are accurate, complete, reliable, current, or error-free and assume no liability in this regard.

User Conduct and Rules on the Platform

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

• Users does not reply to the payment verification mail sent by BLOOVISH
• Users fails to produce adequate documents during the payment details verification
• Misuse of another User’s phone/email
• User uses invalid address, email and phone no.
• Overuse of a voucher code
• Use of a special voucher not tagged to the email ID used.
• User returns the wrong product
• User refuses to pay for an order
• Malicious activities conducted with the sole intention to cause loss to business/revenue to BLOOVISH
• Repeated request for refund for fake/used order

BLOOVISH may cancel any order that classifies as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as may be laid down by BLOOVISH:

• Products ordered are not for self-consumption but for commercial resale
• Multiple orders placed for the same product at the same address, depending on the product category.
• Bulk quantity of the same product ordered
• Invalid address given in order details
• Any malpractice used to place the order
• Any order paced using a technological glitch.

You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuse any policy and rules of the company and interrupt or cause to interrupt, damages the use by other Users of BLOOVISH.

You shall not use any false e-mail address, impersonate any person or entity, or otherwise mislead BLOOVISH by sharing multiple addresses and phone numbers or transacting with malafide intentions.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations.

Privacy

Your protection is vital to us, which is the reason we’ve made a Privacy Policy on how we gather, oversee, process, secure, and store your private data, if any. To peruse our Privacy Policy

Shipping/ Return Policy

We strive to deliver products purchased from BLOOVISH in excellent condition and within a period of 7 to 10 working days of receiving the order. The delivery times however, are subject to your geographic location and shipping destination, etc. A shipping charge, as provided on the website/ application, shall be charged for all orders below the amount of Rs. 500. In case, no shipping charge is provided a fee of Rs. 49 per order shall be charged for all orders below the amount of Rs. 500.

At BLOOVISH your satisfaction is our guarantee. If you are not satisfied with the product(s) purchased from our website/ mobile application, you may contact us at support@bloovish.com or call us on +91 8828114446 within 24 hours of taking the delivery, and we shall exchange your product, after necessary inspection. Please note that for the purposes of this clause, the term “satisfied”, used herein above, only pertains to the physical condition of the product. Accordingly, in case the same is found to be damaged/ defective at our end, or in case the same does not match the description of the product ordered by you. In such a case, you shall return the product back to us properly packed, along with its original packaging, labels, price tags and invoice. The product shall be replaced by us within a period of 15 days from the date of its receipt by us along with the shipping fees incurred by you for such return, provided the product is unused and in a sellable condition. For any other reason, products once sold will not be taken back by the us.

Third Party Links

We are not responsible for the content of any off-Site/ application pages or any other websites linked to or from the Site/ application. Links appearing on the Site/ application are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site/ application pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site/ application, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website/ application pages and other websites that you visit.

Special Offers and Events

The Site/ application may offer certain special features and functionality or events (such as contests, promotional activities or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

Indemnify

You shall indemnify and hold harmless BLOOVISH, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and/ or other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark, Copyright and Restriction

All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Any improper use, including yet not constrained to the generation, appropriation, presentation or transmission of any substance on this site/ application is entirely precluded unless particularly approved by BLOOVISH. Material on BLOOVISH is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other BLOOVISH or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Limitation of Liability

The site/ application is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site/ application, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, BLOOVISH will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site/ application; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site/ application; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site/ application, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content; (g) any subsequent change in law or government policies; or or (hg) events beyond our reasonable control, including, any force majeure

In no event shall BLOOVISH be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

• The use or the inability to use the Services or Products
• Unauthorized access to or alteration of the user’s transmissions or data
• Any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. BLOOVISH shall not be held responsible for non-availability of the BLOOVISH during periodic maintenance operations or any unplanned suspension of access to the BLOOVISH. The User understands and agrees that any material and/or data downloaded at BLOOVISH is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile/ computer or loss of data that results from the download of such material and/or data. To the maximum extent that is permissible under law, BLOOVISH’s liability shall be limited to an amount equal to the Products purchased value bought by You.

Termination

BLOOVISH may suspend or terminate your use of this website/ application or any Service if it believes, in its sole and absolute discretion, that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until BLOOVISH chooses to terminate them.

• If You or BLOOVISH terminates your use of the Platform or any Service, BLOOVISH may delete any content or other materials relating to your use of the Service and BLOOVISH will have no liability to you or any third party for doing so. However, your transactions details may be preserved by BLOOVISH for purposes of tax or regulatory compliance
• BLOOVISH may unilaterally terminate yYour account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, BLOOVISH credit and pending refunds, if any, will be forfeited in such cases. Returns/Refund for such Users shall be at the sole discretion of BLOOVISH
• BLOOVISH may unilaterally terminate yYour account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, BLOOVISH credit and pending refunds, if any, will be forfeited in such cases. Returns/Refund for such Users shall be at the sole discretion of BLOOVISH
• If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead BLOOVISH by sharing multiple address and phone numbers or transacting with malafide intentions then BLOOVISH reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

Sale in India Only

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. BLOOVISH make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and BLOOVISH is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Applicable Law and Jurisdiction

This Agreement, the construction, enforcement and the interpretation of its terms and any disputes arising out of it shall be governed by the Laws of India and shall be subject to the courts located in Delhi, and you hereby submit to the personal jurisdiction of such courts.

Disclaimer

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through BLOOVISH. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website/ application, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to BLOOVISH within 5 days from the alleged date of delivery of product reflecting on the BLOOVISH portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. BLOOVISH disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the BLOOVISH portal.