TERMS & CONDITIONS
Introduction and Terms of Use
The terms and conditions contained here in after (“Terms of Use”) shall apply to the use of the domain name https://www.barewear.in/ ("Website") that is owned by the SkinX Co., a proprietorship concern of Ms. Poonam Kathrani, having its office at Office no. 9, ground floor, Kilfire premises, off New Link Road, Veera Desai Industrial Estate, Andheri West, Mumbai, Maharashtra 400102 Maharashtra, India ( “SkinX Co.” or “Company” or “we” or “our” or “us”).
Any person logging on to or using the Website (even when such person does not make any purchase from the Website) (“User” or“you” ) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, Cancellation and Exchange Policy and Payment Policy separately provided on the Website) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and the Company (“Agreement”). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
For the purpose of these Terms of Use, wherever the context so requires the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf himself or any other legal entity.
It is clarified that the Privacy Policy and Return Policy that is provided separately, forms an integral part of these Terms of Use and should be read in conjunction. Illegality or unenforceability of one or more Terms of Use shall not affect the legality and enforceability of the other terms of the Website.
Eligibility
Any person who is above 18 (eighteen) years of age and competent to contract under the applicable laws is eligible to access or visit the Website or purchase any product displayed therein. Your use or access of the Website shall be treated as your representation that you are competent to contract and if you are registering as a business entity, that you represent and warrant that you have the authority to bind such business entity to the Terms of Use. Without generality of the foregoing, use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e., under the age of 18 (eighteen) years, you may use the Website only with the involvement of a parent or guardian.
The User represents and warrants that it will be financially responsible for all of User's usage (including the purchase of any product) and access of the Website. The User shall also be responsible for use of User's account by others. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.
Account and Registration
You are responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately in writing at support@barewear.in.
You also agree and confirm that you will:
(i) provide accurate, current and complete information whenever prompted by the Website or when required by the Website’s registration form (“Registration Data”).
(ii) maintain and promptly update the Registration Data to keep it accurate, current and complete at all times. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and to refuse to provide you access to the Website.
(iii) indemnify and keep us indemnified from and against all claims resulting from the use of any detail/information/ Registration Data that you post and/or supply to us. We shall be entitled to remove any such detail/information/Registration Data posted by you without any prior information.
(iv) in order to ensure that we are not violating any right that you might have in your Registration Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data you have supplied to us.
Privacy
Any information that you provide to us during the registration process or otherwise, will be protected in accordance with our privacy policy (“Privacy Policy”) that has been separately provided on the Website and can be accessed https://www.barewear.in/privacy. You are requested to review the Privacy Policy before using the Website. If you have any objection to the terms of our Privacy Policy, you are requested not to use the Website.
Return Policy
We operate on a strict no-return policy, basis the intimate nature of our products. We are unable to offer returns or exchanges as we adhere to a stringent hygiene policy. In the rare case that you may not be satisfied with the product we are happy to speak with you on +91 9372780853 or support@barewear.in a helpline that is available for 24*7 assistance.
User Liability
The User, by the act of logging onto the Website and/or submitting information to Company (through the Website or through phone, fax or e-mail of Company provided on the Website) is deemed to have consented to and has expressly/impliedly and irrevocably authorized Company to use, reveal, analyse, display or transmit all information required by Company. The User represents and warrants that all the information provided by him/her are true, correct and complete and if such information is found to be untrue, incorrect or incomplete, Company has the right to take any action it deems appropriate in relation to the particular circumstances without any limitations.
The User is prohibited from using the Website in a manner that might damage, disable or overburden the Website. The User is further prohibited from obtaining any information through secondary means which is not available on the Website.
Ownership
The information provided on the Website is an exclusive property of the Company and is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, or distribute the same or any part of the Website without the express permission of the Company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Company's or its affiliates' names or trademarks without the express written consent of the Company and/or its affiliates, as applicable.
Representations, Warranties, and Covenants
You shall not directly or indirectly attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems, and/or networks connected to the Website through hacking, phishing, password mining, and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
You understand and undertake that you shall be solely responsible for the Registration Data and undertake to not host, display, upload, modify, publish, transmit, update, or share any information that:
(i) belongs to another person and to which you do not have any right to;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii) harms minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
(x) creates liability for Company or causes Company to lose (in whole or in part) the services of Company’s ISPs or other service providers;
(xi) is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation; or
(xii) is illegal in any other way.
The User understands and agrees that the Company reserves the right to remove and/or edit such detail / information.
If you do post content or submit material, and unless we indicate otherwise to you in writing, it shall be deemed that you
(i) grant the Company and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;
(ii) grant the Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose; and
(iii)agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to any usage or derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Company including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to the Website:
(i) the content and material are accurate;
(ii) the use of the content and material supplied by you does not breach any applicable policies of the Website or any guidelines herein and will not cause injury to any person or entity (including that the content or material is not defamatory);
(iii) the content is lawful and does not violate any applicable laws.
You further agree to indemnify the Company and its affiliates for all claims brought by third parties against the Company or its affiliates arising out of or in connection with a breach of any of the representations and warranties provided here in above.
Complaint against Objectionable Content
If you believe that any content on the Website is illegal, offensive (including but not limited to material that has sexually explicit content or which promotes racism, bigotry, hatred or physical harm etc), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please inform us immediately in writing on support@barewear.in . We will take reasonable steps to ensure that such Objectionable Content complained about is reviewed and removed (if required) within a reasonable time.
Intellectual Property Rights
The information, content, and compilation provided on the Website are our exclusive property and are protected under the applicable Indian and international Intellectual Property Laws. No person shall use, copy, transmit, reproduce, publish, modify, or distribute any contents of the Website or any part thereof without our express written permission.Further, without the express written consent of the Company or its affiliates, no person shall create and/ or publish his/her own database that features substantial (e.g., prices and product listings) portions of the contents of this Website.
Intellectual Property Claims
The Company and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please bring it to our notice by sending an email to support@barewear.in. We will envisage to address your concerns and take necessary steps if required.
Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We will communicate with you by e-mail, phone calls, SMSs, or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding anything contained in this Agreement and subject to applicable laws, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website.
Force Majeure
We will not be liable for any failure and/or delay on our part in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges, and expenses incurred and/or suffered by you if such failure and/or delay shall be the result of or arising out of a Force Majeure Event, as defined hereunder.
Explanation: “Force Majeure Event” means any event that occurs due to any cause beyond the reasonable control of SkinX Co, including, but without limitation to, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities (whether war be declared or not), acts of government including change in law, governmental orders or restrictions breakdown and/or hacking of the Website, such that it is impossible to perform the obligations under the Terms of Use, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfillment of the obligation of the Company hereunder.
Indemnity and Release
You shall indemnify and hold harmless the Company its subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any applicable laws, rules, regulations or the rights of any third party.
You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of the vendors/sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Losses
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 are not reasonably foreseeable to us when you commenced using the Website.
Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use the Website or order any goods from us unless any change in those policies or these terms are required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these terms are deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining condition of this Terms of Use. Any such revisions will be effective on and from the date of posting the same on the Website and will apply to these Terms of Use.
Waiver
Neither failure nor delay on the part of the Company or its affiliates to exercise or enforce any right, remedy, power, or privilege contained hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms of Use shall be deemed waived, and no breach consented to unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
Governing law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Mumbai shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.
Our Contact Details
You could contact us by sending an email to support@barewear.in or contacting our customer care at +91 9372780853.
By entering this website and clicking the “I accept” button, the visitor consents to the Terms of Use including Privacy Policy, Payment Policy, Cancellation and Exchange Policy, and other Policies as may be uploaded on the website and updated from time to time. By submitting his/her data/information to the Company, the visitor will be treated as having given his/her permission for processing the same in a manner provided in this Terms of Use.
