Welcome to www.anouskin.com (“Website”) owned and operated by Ithika Skin LLP. A company incorporated under the Indian Companies Act, 2013 (“Ithika”/”Company”) with its registered office at Shop no 402, Fortune Cyber, Gachibowli, Hyderabad - 500084.
This website displays certain goods for sale for personal use (“Products”). You agree that as a visitor of the website or as a person purchasing products, you will be governed by the Terms & Conditions contained herein (“TERMS”) along with the Privacy, Shipping, Return and Refund Policies.
In these TERMS, "you" or "user" refers to the end user who accesses the Website, its contents, and utilizes the services offered through it. "We," "us," and "our" refer to “Ithika”/”Company”.
These TERMS contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
We reserve the sole discretion to change, modify, add, or remove portions of these TERMS at any time without prior written notice to you. It is your responsibility to periodically review these TERMS for updates or changes.
By continuing to use the Website after changes are posted, you signify your acceptance and agreement to the revised TERMS. As long as you comply with these TERMS, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.
Please read these TERMS carefully because your use of the site or purchase of products constitutes your agreement to follow and be bound by these TERMS. If you do not agree to these TERMS, do not access or use the site, or purchase, receive or use our products.
Our Rights
Ithika reserves the right to change, modify, add, or remove portions of these TERMS at our discretion, without prior notice.
Ithika may suspend or terminate your use of the Website if we determine, at our sole discretion, that you have violated any term of these TERMS or any of our Policies, or have acted unethically. These TERMS will remain effective indefinitely unless we decide to terminate them. We reserve the right to reclaim any username for any reason we deem necessary to protect our interests or those of other users. Our decision not to act on a breach of these TERMS by you does not prevent us from taking action on that or any subsequent breach at a later time.
Ithika is not liable for any failure to meet its obligations due to circumstances beyond its control, such as weather conditions, fire, flood, strikes, hurricanes, industrial disputes, war, hostilities, political unrest, riots, civil commotion, unavoidable accidents, Acts of God, epidemics, pandemics, or disruptions to internet or telephone systems.
Additionally, Ithika is not responsible for any loss or damage resulting from discontinuing the Website or any of its services to comply with legal requirements or government orders, or for any other unavoidable reason beyond our control.
For any clarifications on these TERMS, please contact us at care@anouskin.com. Ithika is not responsible for any misunderstandings or misinterpretations of these TERMS by you.
Eligibility & Account
By accessing our services, you affirm that you are at least 18 years old and possess the legal capacity to enter into a binding agreement. If you are under the age of 18, you may only use the Website under the supervision of a parent or legal guardian who consents to adhere to the TERMS. This Website is not accessible to individuals whose registration has been suspended or terminated by Ithika for any reason.
To access certain features of our services, you may need to register for an account with a unique email ID and password combination to access and use certain features or services on the website. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account information and are liable for all activities that occur under your account. Your registration and account details are personal and should not be shared with others. We are not liable for any harm caused by the theft, misappropriation, loss of money, or disclosure of your information or password resulting from your authorization of anyone else to use your account. By using our products, you accept responsibility for maintaining the security of your account and agree to notify us immediately of any unauthorized use.
Passwords are issued on an individual basis. Consequently, any content or instructions sent by or received from someone using your password on the Website will be considered binding on you. You agree that you are solely responsible and liable for all actions taken through your account, whether or not they were done with your knowledge or permission. You agree to protect your password diligently, fully understanding that failing to keep it secure will allow others to conduct transactions on the website for which you will be legally accountable.
If you are accessing, browsing, or using the Website on behalf of another person, you affirm that you have the authority to bind that person to all the TERMS stated herein. If the person refuses to be bound by these TERMS as the principal, you agree to accept responsibility for any harm caused by any improper use of the website resulting from such access or use.
We reserve the right to suspend or terminate your access to our products if you violate these TERMS.
Use of Products
You agree to use our products solely for lawful purposes and in accordance with our TERMS. You understand and agree that any side effects caused by Product(s) purchased by you on the Website shall not make Ithika liable in any manner whatsoever. You agree to carefully read the individual descriptions and instructions in relation to each of the Products and consult with a specialist if required.
Restrictions
You agree to use our products solely for lawful purposes and in strict accordance with these TERMS. Specifically, you agree not to use our products in the following ways:
To violate any applicable local, state, national, or international law or regulation:
This includes, but is not limited to, laws and regulations related to intellectual property, privacy, data protection, export control, and consumer protection.
You must ensure that your use of our services complies with all legal requirements relevant to your location and the nature of your activities.
To engage in any activity that is harmful, fraudulent, deceptive, or otherwise objectionable (this encompasses a broad range of prohibited activities, including but not limited to):
Harmful activities: Actions that could cause physical, financial, or emotional harm to others, including harassment, bullying, or defamation.
Fraudulent activities: Conduct involving deceit or trickery, such as impersonating another person or entity, making false claims, or engaging in financial scams.
Deceptive activities: Practices designed to mislead or deceive others, including the spread of misinformation, phishing schemes, or false advertising.
Objectionable activities: Any other conduct that could be considered offensive, inappropriate, or in violation of social norms and ethical standards, such as distributing obscene content or engaging in hate speech.
To interfere with or disrupt the integrity or performance of our products or the data contained therein (this includes any actions that could compromise the security, functionality, or reliability of our products), such as:
Hacking or unauthorized access: Attempting to gain unauthorized access to our systems, servers, or data, or bypassing any security measures we have put in place.
Disruption: Engaging in activities that could disrupt the normal operation of our services, such as launching denial-of-service attacks, introducing viruses or malware, or overloading our infrastructure with excessive requests.
Tampering with data: Modifying, deleting, or corrupting data stored on our servers, whether it belongs to us, other users, or third parties.
By agreeing to these TERMS, you acknowledge your responsibility to use our services in a manner that respects the rights and interests of others and upholds the integrity and security of our platform. Failure to adhere to these guidelines may result in the suspension or termination of your access to our services, as well as potential legal action.
Product Information and Accuracy
We strive to ensure that the information about our products is accurate and up-to-date. However, we do not warrant that product descriptions, pricing, or other content on our website are accurate, complete, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
Shipping and Delivery
Ithika will use reasonable efforts to ensure that your order is delivered within the estimated delivery time. However, delivery times are not guaranteed, and we are not responsible for any delays beyond our control. Please review our Shipping Policy available on the website.
Returns and Refunds
If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, available on our website. Please review our Return Policy for details on how to return products and receive refunds.
Intellectual Property
All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of Ithika or its content suppliers and is protected by laws of India, including laws governing all applicable forms of intellectual property. You may not use, reproduce, distribute, or create derivative works from our content without our express written permission.
Site Security
You are strictly prohibited from violating or attempting to violate the security of the Website. This includes accessing data not intended for you, logging into unauthorized servers or accounts, probing, scanning, or testing the vulnerability of any system or network, and breaching security or authentication measures without proper authorization. Additionally, you must not interfere with the service to any user, host, or network by submitting viruses, overloading, flooding, spamming, mail bombing, or crashing the Website. Sending unsolicited emails, such as promotions or advertisements, and forging any part of the header information in emails or newsgroup postings is also forbidden.
Violations of system or network security may lead to civil or criminal charges. The Company has the right to investigate any suspected violations and cooperate with law enforcement authorities in prosecuting those involved. You must not use any device, software, or routine to interfere with the proper functioning of the Website or any activities conducted on it. Additionally, you agree not to use any engine, software, tool, agent, or other mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website, except for the search engine and search agents available on the Website and generally available third-party web browsers.
Limitation of Liability
To the maximum extent permitted by law, Ithika shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, any loss of profits, revenues, or anticipated savings, whether incurred directly or indirectly, as well as any loss of data, use, goodwill, or other intangible losses. Such exclusions apply in various scenarios including, but not limited to:
Your use of, or inability to use, our services, which may result from technical issues, user error, or any other reason that hinders your access or use of the website or associated services.
Any unauthorized access to or use of our servers, which might involve hacking, phishing, or any other type of breach. This also includes any unauthorized access to or use of your personal information stored within our servers, which could lead to identity theft, fraud, or other malicious activities.
Any interruption or cessation of transmission to or from our services, which could be due to server downtime, maintenance, internet connectivity issues, or any other disruption that affects the continuous availability and operation of our services.
By using our services, you acknowledge and agree that these limitations of liability are reasonable given the nature of the services provided and the potential risks involved. You accept that you are responsible for implementing sufficient procedures and safeguards to satisfy your requirements for data security and integrity, and for maintaining a means external to our services for any reconstruction of lost data.
Indemnification
You agree to indemnify, defend, and hold Ithika harmless its affiliates, and their respective officers, directors, employees, and agents from any losses, liabilities, claims, damages, costs, and expenses (including, without limitation, legal and accounting fees, disbursements, and applicable interest) that we incur due to any breach or failure to perform any representation, warranty, covenant, or agreement made by you under these TERMS. Furthermore, you agree to indemnify us for any losses, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data collection tools, or any other actions that place an unreasonable burden on our infrastructure.
Governing Law
These TERMS shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in Hyderabad for the purpose of litigating all such claims or disputes.
Consent to Receive Notices Electronically
You agree to receive all agreements, notices, disclosures, and other communications (collectively, "Notices") electronically from us, which may include email or postings on this Website. You acknowledge that receiving Notices electronically satisfies any legal requirement that such communications be in writing and in English. To withdraw your consent and receive Notices in a non-electronic format, you must notify us at care@anouskin.com and cease using this Website. Upon withdrawal of consent, all rights granted under these TERMS will automatically terminate. Please note that users who cannot consent to receiving Notices electronically may not be eligible to use this Website.
It's important to differentiate that this consent for receiving Notices electronically does not affect any choices you make regarding receipt of marketing communications, which are outlined in our Privacy Policy.
Orders, Pricing & MRP Disclaimer
All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time. You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Website. The prices for Products are detailed on our Website and are considered part of these TERMS. All prices are in Indian rupees and include applicable taxes. All prices and Products are subject to change without notice at our discretion.
The Maximum Retail Price (MRP) of certain Products may vary between offline and online channels due to factors like manufacturing date, special discounts or offline retailer fees, but the specified MRP for each Product remains unchanged.
Termination
These TERMS are effective until terminated by either you or Ithika. You may end these TERMS at any time by ceasing to use the Website. We reserve the right to terminate these TERMS at any time without prior notice and may restrict your access to the Website accordingly. Such termination does not impose any liability on the Website.
Upon termination, whether initiated by you or us, you agree to promptly delete all materials obtained from the Website, including any copies, whether downloaded under these TERMS or otherwise. Termination does not affect your obligation to pay for any products already ordered or any existing liabilities under these TERMS.
General
You acknowledge and agree that these TERMS represent the entire and exclusive agreement between us regarding your use of the Website, superseding all prior proposals, agreements, or other communications. Ithika reserves the right to modify these TERMS at any time at sole discretion by posting the changes on the Website and notifying you of the updates via email. These changes take effect immediately upon posting and notification. Your continued use of the Website indicates your acceptance of the revised TERMS.
Ithika may terminate any rights granted under these TERMS at any time, with or without prior notice. Upon receiving such notice, you agree to comply immediately, including ceasing all use of the website as applicable.
These TERMS do not create any agency, partnership, or other form of joint enterprise between us. Ithika’s failure to enforce any provision does not waive our right to enforce it later, nor does a waiver of any breach imply a waiver of the provision itself. If any part of these TERMS is found to be unenforceable or invalid by law or by an arbitral award or court decision, the remaining provisions will still be valid and enforceable. The invalid provision will be modified to reflect the original intent of the parties as closely as possible.
Contact Information
If you have any questions about these TERMS, please contact us at:
care@anouskin.com
