This document contains terms and conditions (“Terms”) and is an electronic record pursuant to the provisions of the Information Technology Act, 2000 (“IT Act”), and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures.

1. 1. GENERAL
      1. Please note that the Effeza Science Private Limited, a private limited company incorporated under the provisions of the Companies Act, 2013, having its registered office at A/G-1, Dheeraj Heritage Residency, Link Road Extension, Shastri Nagar, Santacruz West, Mumbai, Maharashtra 400054, India (hereinafter collectively referred to as the “Company,” “We,” “Us,” or “Our”), is a manufacturer of cosmetics and personal care items. Effeza Science Pvt Ltd is also the parent company of CodeSkin. The website facilitates career opportunities as well as details regarding manufacturing.
      2. For the purpose of these Terms herein above, wherever the context so requires the term “you,” “your”, or “User” shall mean and include (i) persons who purport to purchase the Products (as defined below) on the Platform by placing an order through the Platform; (ii) any person who visits, uses or accesses the Platform.
      3. The Company provides an online presence to facilitate the Users to see carriers and manufacturing plant of beauty and personal care (“Products”) and provides other services that may be necessary for helping the User get a better experience.
      4. The Terms contained in this electronic record read with the Privacy Policy (as defined below) of the Platform, or any other specific terms and conditions, as applicable shall constitute the entire legally and binding agreement between you and the Company in connection with your access, visit or usage of the Platform for availing the services on the Platform in any manner. You are requested to read these Terms carefully before accepting the same and moving forward to using and accessing the Platform or availing the services.
      5. In case you do not agree with these terms, then please refrain from using and accessing the Platform.

 

1. 1. DEFINITIONS
      1. “Applicable Law” shall mean any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of a decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, the court having jurisdiction over the matter in question, whether in effect as of the date of this agreement or thereafter, including, any rules, regulations, bye-laws, notifications, directions and orders as are in effect at present;
      2. “Account” means the account that has been set up for your use and access to the Platform, the Products or services by submitting the User Data, pursuant to these Terms;
      3. “Loss(es)” means any losses, damages, costs (including legal costs on a full indemnity basis), fines, expenses, fees, charges, actions, suits, proceedings, claims, claims for an account or equitable compensation or equitable lien, any other demands or remedy whatsoever, or any diminution in the value of or loss or damage to any property or security or any lost opportunity whereby the value of the same could have been increased or otherwise, including any direct, indirect, incidental, special and consequential or punitive damages (including losses arising from counterparty risk, investment losses, economic losses or lost profits).
      4. “User Data” shall mean all the data and information as may be required by the Company for the purposes of registration of the User on the Platform/creation of Account of the User on the Platform and/or for the purposes of providing and enabling services to the User which may include, inter alia, name, email address, phone number, location, bank account or card details, etc.

 

1. 1. ACCOUNT & REGISTRATION
      1. To create an Account and complete the registration process in order to purchase the Products and avail of services on the Platform, the User shall be required to disclose his/her personal information by providing Us with certain User Data, allowing Us to identify the User, which includes name, email address, and phone number, location, and any other information deemed necessary for providing the services.
      2. It is clarified that by registering on the Platform you agree to all the Terms herein, Privacy Policy and all other policies of the Platform which may be posted at an appropriate location of the Platform.
      3. You agree that the information provided by you is accurate and correct and you shall also update such information and data, from time to time, in case of any change thereto and/ or as and when required and asked by the Platform in this regard. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms herein and the other policies of Platform, We shall have the right to indefinitely suspend or terminate your account or block your access on the Platform.
      4. You shall log out from your Account at the end of each session in order to ensure complete security and secrecy of your data and Platform/ Company’s data. The registered User shall be responsible for safeguarding the Account, password and all the information and data associated with such Account. You are solely responsible for maintaining the confidentiality of your Account, display name and password and you are fully responsible for all activities that occur under the same and the Company shall not be liable or responsible whatsoever in this regard. You expressly agree that you will immediately notify Us about any actual or potential unauthorized use of your Account, display name and password or any breach of security or any breach of the Terms by a third party person/entity.
      5. The Platform shall not be liable for any loss of the User caused by any unauthorized use of the Account and, in this respect, the registered User shall indemnify the Company for Losses, claims, and liabilities that the Company/Platform may incur from any other party on account of such unauthorized or fraudulent use of the Account.
      6. If We reasonably believe that an Account and password is being used/misused in any manner, We reserve the right to cancel rights to access the Platform immediately without notice and block access to that particular IP address. You agree to notify Us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or Account. However, you could be held liable for all the Losses, claims, and liabilities incurred by the Company/ Platform due to someone else using your Account or password.
      7. The Company (including but not limited to its subsidiaries/affiliates) may contact the User through SMS, Whatsapp, email, and call, social media intermediaries, communication device, and/or any other mode of communication to give information about their offerings, and Products as well as notifications on various important updates of its new Products, feedback, and/or customer support. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates, subsidiaries, affiliates and partners so that you may be contacted for information, offerings and promotions.
      8. The User acknowledges that We are not required to identify, verify and record information for Users prior to the registration and creation of an Account.
      9. You undertake to inform Us promptly of any change in the information provided.
      10. We may (where applicable) share the information you provide to Us with any regulatory body, as may be applicable, for the purposes of complying with Our obligations under Applicable Laws’ applicable tax disclosure or reporting obligations. Without prejudice to any other representation and/or warranty you have provided, you confirm that you have examined the information and documents you have provided to Us and such information and documents are true, correct and complete.

 

1. 1. CONDUCT OF THE USER
      1. The User agrees not to:
         1. Reveal/disclose confidential or proprietary information of other Users, the Company/ Platform or any third party when the User receives or comes in possession of such confidential or proprietary information;
         2. Incorporate any computer contaminant, software virus or any computer code or file or program on the Platform designed to interrupt, destroy or limit the functionality of the Platform;
         3. Incorporate or introduce any program on the Platform that might infringe the intellectual property rights of any other User and/or of the Company/ Platform;
         4. Download, copy, or reproduce any file or information available on the Platform which the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed;
         5. In any way, deface or vandalize the Platform or prevent or restrict others from using the Platform;
         6. Stalks, threatens or harass any other User or infringes upon or attempt to infringe upon their privacy;
         7. Infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy of the Company/ Platform, other Users of the Platform or any third party;
         8. Impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;
         9. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law; and
         10. Create liability for the Company/ Platform or cause the Company/ Platform to lose (in whole or in part) the services of its internet service provider or other suppliers.
      2. It is also clarified that you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Service(s), or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Service(s), to obtain or attempt to obtain any materials or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
      3. You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of services or any other systems or networks connected to the Platform or to any server, computer, or network offered on or through the Platform, by hacking, password “mining” or any other illegitimate mean.
      4. You agree that you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other client/customer/user/member of the Company/ Platform including any Account on the Platform not owned/operated/managed by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
      5. You agree that you shall not make any negative, denigrating or defamatory statement and/or comment about the Platform / Company or the brand name or domain name used by the Company/ Platform or otherwise engage in any conduct or action that might tarnish the image, goodwill or reputation of the Platform/ Company or other Users on the Platform or other business partners of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Platform.
      6. You agree that you will not use the Platform or any content thereof for any purpose which is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company/ Platform, its Users and/or other third parties.
      7. You agree that you shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and as amended from time to time and, also all Applicable Laws, rules and regulations and international laws, statutes, ordinances and regulations regarding availing of the services. Further, you agree that you shall not solicit (directly or indirectly) any other Users of the Platform or third party to avail the services of the Platform or Products being displayed or sold on the Platform, either independently or through a third party except through the Company/ Platform.

 

1. 1. INDEMNITYIn addition and not in derogation of the specific indemnities provided by you to the Company under these Terms and/or policies of the Platform, you agree to indemnify, defend and hold harmless the Company and its affiliates, group company(s), officers, directors, employees, consultants, representatives, shareholders, contractors, and agents etc. against any or all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Platform or such party, to the extent such losses are based on or arising out of or in connection with: (a) any breach or non-performance of any of the Terms and/ or other policies of the Platform with respect to use and access of the Platform and/ or availing of services; (b) truthfulness and correctness of the information provided by the User at the time of registration and/ or at any time during availing of the services or purchasing products; and/or (c) breach of any third party rights by you.

 

1. 1. INTELLECTUAL PROPERTY RIGHTS
      1. For the purpose of these Terms herein, the terms, “IPRs” or “Intellectual Property Rights” shall mean on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any Applicable Law.
      2. It is further acknowledged and agreed by you that all the IPRs in all material presented on the Platform, including but not limited to text, audio, video or graphical images, articles, interfaces, graphics, design, compilation, demonstration, information, computer code, products, software, downloadable software, trademarks, logos and all other materials or content appearing on the Platform are the property of the Company, its parent, affiliates and associates and are protected under applicable Indian laws.
      3. It is hereby acknowledged and agreed by you that
         1. the Company owns all the Intellectual Property Rights in and relating to the Company, services and the products processed and offered through the Platform by the Company and your use of the platform and/or availing of services does not grant or confer you with any rights in relation to Our IPRs or Our affiliates or licensor’s or suppliers’ IPRs;
         2. you shall not copy, reproduce, download, publish, adapt, create derivative works, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any IPRs or content in relation to the Platform, products and/ or availing of the services or the computer codes or elements which comprise the Platform, other than for your private use while availing the products/services on the Platform;
         3. by using, accessing or visiting the Platform and/ or availing the services, you acknowledge and agree that the general layout, content and design of the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and these Terms does not grant to you any rights to use or adopt any IPRs in respect of the Platform or any content;
         4. the User cannot create any derivative work or technology based upon any IPRs, confidential or proprietary information of the Company; and
         5. other than as set out in this clause and the Platform’s policies, you are not permitted to use any of Our Intellectual Property Rights without Our prior written consent. You may own the medium on which the information, content or materials resides, but the Company shall at all times retain full and complete title to the information, content or materials and all Intellectual Property Rights inserted by the Company on such medium.

 

1. 1. TERMINATION
      1. You agree that the Company, at its sole discretion and for any, including inter alia without limitation if you breach these Terms, may terminate your access to and use of the platform at any time or remove any non-compliant content or both. You agree that any termination of your access to the Platform and/ or suspension/ termination of your Account may be effected without prior notice, and in this respect, the Company shall not be liable to you for any such termination. Your right to use the Platform immediately ceases upon termination of your access/use of the Platform.
      2. The provisions of these Terms shall continue to apply until terminated by either of the Party. In the event the User wants to terminate these Terms, the User may do so by (a) not accessing the Platform or (b) deleting the Account.
      3. We reserve the right to, at any time, and with or without notice, terminate these Terms against each of the Users, if there is:
         1. breach of any of the Applicable Law(s) or the provisions of these Terms or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the User from time to time (or have acted in a manner that clearly shows that the User does not intend to, or is unable to, comply with the same);
         2. Platform is unable to verify or authenticate any information provided to the Platform by the User;
         3. We believe, at Our sole discretion, that the User’s actions may cause legal liability to the Company/ Platform, (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or that they are contrary to the interests of the Platform;
         4. We are required to do so by law; or
         5. if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for the Company to provide the Products to the User.
      4. The User is entitled to terminate this legal relationship, at all times by deletion of the User Profile and, thus disabling the use of the Platform.
      5. It is however clarified that termination shall not affect the rights or remedies of the parties which have accrued up to the time of termination.

 

1. 1. LIMITATION OF LIABILITY
      1. The Users shall access the Platform and avail the services provided on the Platform voluntarily and at their own risk. The Company/ Platform shall, under no circumstances be held responsible or liable on account of any loss or damage sustained by the Users or any other person or entity during the course of access to the Platform’s services.
      2. The Users shall be solely responsible for any consequences which may arise due to their access of the Platform and availing of the services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the services or policies of the Platform, including the provision of incorrect address or other personal details
      3. In consideration of the Company allowing Users to access the services to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against the Company, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of their use of the Platform.
      4. The User will be responsible for and release the Company from any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms and further agrees to hold harmless and indemnify the Company in this regard.

 

1. 1. DISCLAIMERS
      1. The User agrees and understands that the Platform is provided by the Company on an “as is” and “as available” basis and the Company makes no representations or warranties of any kind, express or implied, as to the operation of this Platform or the information, content, services included on this Platform. You expressly agree that your use of this Platform is at your sole risk. The Company reserves the right to withdraw or delete any information from this Platform at any time at its discretion.
      2. To the fullest extent permissible by Applicable Law, the Company disclaims all warranties, express or implied. The Company does not warrant that this Platform, its servers, or email/ other communication sent from the Platform are free of viruses or other harmful components. the Company will not be liable for any damages of any kind arising from the use of this Platform and/or its services, including, but not limited to direct, indirect, incidental, punitive and consequential damages.
      3. You agree that your use of the Platform shall be at your sole risk. To the fullest extent permitted by Applicable Law, the Company, its officers, directors, employees, affiliates and agents exclude all warranties, express or implied, in connection with the Platform.
      4. You agree that the Platform to the best of its ability, has taken into account various assessments, in an unbiased manner, while choosing or recommending the services(s) offered on the Platform. However, the products may carry unknown health-related risks and uncertainties linked and should be chosen by the User solely depending upon the User’s health, age and such related factors.
      5. The User in case of any health condition, shall take the prior advice from the registered medical practitioner before using any services(s) offered on the Platform. The Company/Platform shall not be liable in case the User fails to take such medical advice before opting for any Product available on the Platform.
      6. To the extent permitted under Applicable Law, the Company disclaims responsibility for any harm to persons resulting from any instruction referred to in the Platform. We do not warrant that the Platform, services, products or its content will meet your requirements.
      7. The Platform shall make best endeavors to ensure that the services are error-free and secure, however, neither the Company nor any of its partners, affiliates, licensors or associates makes any warranty that the services or the Products will meet Users’ requirements; the quality of the Products, information/content, or other material that users obtain through the Platform will meet users’ expectations.
      8. The platform has exerted reasonable efforts to ensure that all information published or content uploaded on the Platform is accurate at the time of posting. However, there may be errors in such information for which We shall have no liability. We reserve the right to remove or alter any of the information contained on the Platform at Our sole discretion. The Platform cannot guarantee the adequacy, currency or completeness of the Platform’s content.

 

1. 1. DISPUTE RESOLUTION & GOVERNING LAW
      1. These Terms shall be governed by the laws of India. Subject to Clause 14.2 below the courts and tribunals of Mumbai, Maharashtra, India have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms).
      2. If any dispute, controversy or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms, then such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty-five (45) days of either party (you or We) sending a notice in this regard to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator who shall be mutually appointed by the disputing parties. The arbitrator’s decision shall be final and binding upon all the parties. The seat and venue of the arbitration proceedings shall be Mumbai, Maharashtra, India.

 

1. 1. OTHER TERMS
      1. If for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (the User and the Company collectively) as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
      2. No provision of these Terms shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of, any breach committed by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
      3. Except when expressly allowed, any use of Our content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
      4. The Company shall not be liable for any damages or delay whatsoever arising out of force majeure or other similar circumstances directly or indirectly affecting the Company and/ or the Platform. Examples of force majeure events are real or potential labour disputes, governmental actions, war or threat of war, sabotage, pandemics, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond the Company’s control hindering, delaying or complicating the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.
      5. Please note that if you navigate away from the Platform to a third-party website or application, then you may be subject to and bound by alternative terms of use and privacy policies applicable to such third-party website or application
      6. The Company reserves the right to assign its rights and obligations under these Terms to any of its affiliates or such third-party partner(s) at any time.
      7. The rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
      8. No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and Us by reason of the Terms.
      9. At our discretion, We may serve any notice or communication to you by mail. In the case of notices sent by mail, you will be deemed to have been served 5 (five) business days after dispatch of the same.

 

1. 1. CUSTOMER SUPPORT
      1. If you have any queries, please contact Our customer service at:
         1. Toll-free number: 8956837697;
         2. Email: customercare@effezascience.com

 

1. 1. GRIEVANCE OFFICER, NODAL OFFICER AND REDRESSAL MECHANISM
      1. Any complaints, abuse or concerns with regards to Products, content and /or comment or breach of these Terms shall be immediately informed to Mr. Vaibhav Joshi Senior Manager of Finance and Accounts (“Grievance Officer“) through email at vaibhav@effezasciece.com or you may reach the Grievance Officer by calling +91-9004609721.
      2. The Grievance Officer shall acknowledge the receipt of any complaint within 48 (forty-eight) hours and will undertake best endeavors to redress the grievances of the User expeditiously, but in any case, grievances will be addressed within 1 (one) month from the date of receipt of the grievance.
      3. Please note that a ticket number will be generated for each complaint of the User and the User may use the ticket number to track the status of this Complaint.
      4. A grievance will be considered as disposed off and closed in any of the following instances, namely:
         1. where the complainant has communicated its acceptance of the response of the Grievance Officer / any other person associated with the Company; or
         2. where the complainant has not responded within thirty days of the receipt of the written response and has not raised any grievance or complaint in respect of the same subject
      5. In the unlikely event that your issue remains unresolved to your satisfaction despite escalating to Our Grievance Officer, you can reach out to Our Nodal Officer (details specified below). We will respond within 7 (seven) business days from the date of receipt of your email.
      6. The Company has appointed a resident nodal person (“Nodal Person”) who shall be responsible for resolving escalated complaints. You can contact the Nodal Officer through the below mentioned contact details in case of any escalation of complaints. Name: Mr. Oscar Pereira Email: Oscar@effezascience.com