This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder (including amendments thereto) and the amended provisions pertaining to electronic records in various statutes as amended by the said Act. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from www.curveitright.com (hereinafter referred to as the “Website”).
1. Acceptance of Terms, etc
1.2. You consent to have these Terms and all notices provided to You in electronic form.
2.1. The minimum age to use the Service is 18 (eighteen) years. By using the Service and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where you access our Service.
2.2. By using the Service, You hereby represent and warrant to us that You have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.
3. Service Account
3.2. Your Website registration and account details You provide to us must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and You are solely responsible and liable for any and all usage and activity on the Service that takes place under Your account. It is Your responsibility to keep Your account information accurate at all times.
3.3. We grant You a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion thereof. This license right does not include any resale or commercial use of the Website or any contents thereof.
3.4. By agreeing to these Terms, You grant us the permission to send electronic communications to You as part of our offering. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from us and our partners. Should You no longer wish to receive such electronic communications, You may write to us at email@example.com.
3.5. Any account You open with us is personal to You and You are prohibited from gifting, lending, transferring or otherwise permitting any other person or entity to access or use Your account in any way whatsoever.
3.6. Notwithstanding any other provisions of these Terms, we reserve the right to disclose any information that You submit to us, if in our sole opinion, we reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, court officials, expert professionals and the like) or for any legal process; (ii) for enforcing these Terms; (iii) for protecting or defending ours, any Service user or any third party's rights or property; or (iv) for supporting any fraud/ legal investigation/ verification checks or handling of Your complaints. You acknowledge and understand the provisions of this Clause 3.6 and grant us an unconditional, perpetual right and permission to make such disclosure.
3.7. By using the Service, You hereby permit us to use the information You provide us, including Your experiences to facilitate us to improve the Service and its functionality as well as for promotional purposes, including the permission to publish Your non-personal information in any of our partner websites.
4. Account Security
You shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of Your account details (including Your log-in username and password) as well as for any and all activities that occur under Your said account. You agree to immediately notify us of any disclosure or unauthorized use of Your account or any other breach of security at firstname.lastname@example.org and ensure that You log-out from Your account at the end of each session.
5. Proprietary Rights
5.1. You confirm and agree that we, or our licensors, are the owner of the proprietary information made available to You through the Website and hereby retain all proprietary and intellectual property rights in the same.
5.2. You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any (i) proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the Service without first obtaining our prior written consent.
5.3. You shall not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information of ours without our express consent. You shall also not use any metatags or any other ‘hidden text’ utilizing ‘Curve It Right’, ‘Curved Right’, ‘Scrubbed Right’ or other trademarks of ours or of our partners without our express written consent. Any such unauthorised use would be treated as material breach by You of these Terms.
When You place an order to purchase any product offered on the Website, we will send You an email confirming the receipt of Your order and containing the details of Your order and the cost of delivery which will be added to the purchase price of the product. Your order represents an offer to us to purchase the product which is accepted by us only when we dispatch that product to You and the same is confirmed by an email we send to You, stating that we have dispatched the product. The acceptance will be complete at the time we send the said email to You. Any two or more products on the same order which we have not confirmed in the email do not form part of that contract. You can review the orders You have placed and its current status at any time by logging on the Website.
7. Product Use and Availability
7.1. You hereby agreed to use the products only and strictly in as per its usage instructions and directions. We will not be liable for any untoward incident that may take place, including any bodily injury or the like, if You do no use the product as per such instructions and directions.
7.2. Despite our best efforts, some of our products as showcased on the Website may not be immediately available. If You have placed any order for such product, we will contact You and inform You of the same and seek Your further instructions on the same.
8. Shipping / Delivery
8.1. We partner with third party logistic service providers in order to effectuate product delivery to our users such as You. Details of the logistic service provider who will be delivering Your product/s will be provided to You upon the said product/s being handed over to the said logistic service provider by us. You will also be provided with approximate days of delivery of the product on the order confirmation page on the Website or at the registered email account and/or mobile number provided by You. It is expressly clarified that any ill-mannerism, impoliteness, discourtesy or offensiveness shown by any delivery executives is beyond our control and any issue arising between You and any such delivery executive will have to be resolved by You, independently.
8.2. Prior to making payments on the Website for the purchase of any product, You will be prompted to provide a shipping address. While entering shipping address details, You shall ensure to provide correct, complete and accurate information along with sufficient landmarks in order to aid identification of Your address. Any failure in delivering the purchased products arising out of Your failure to provide correct, complete and accurate information shall not hold us liable at any point in time.
8.3. While we aim to ensure the delivery of the products all across India, currently, we have a select list of areas where delivery can be provided. At the time of placing an order for purchase of products on the Website, you are required to enter Your area pin-code details to verify if deliveries can be carried out in such area. If the area where You wish that the purchased product be delivered is not within our delivery network, we will unfortunately not be able to process the order further. In such a scenario, if You have paid any money, the same will be refunded to You.
8.4. While we shall make all reasonable endeavours in ensuring that Your purchased products are delivered to You in a timely manner, delivery thereof may be delayed on account of:
(a) logistical issues beyond our or our logistics service provider’s control;
(b) unsuitable weather conditions;
(c) political disruptions, strikes, employee-lockouts, etc.;
(d) acts of God.; and
(e) other unforeseen circumstances.
In such events of delay, we shall make all reasonable attempts to intimate You at the registered email account and/or mobile number provided by You. We hereby disclaim all liabilities that may arise on account of any failure to intimate You of anticipated delays in the delivery of the purchased products. Further, we shall be under no obligation to compensate You for any mental agony or any tortuous claim that may otherwise arise on account of any such delay.
8.5. Under no circumstances will the shipping costs be refunded to You even if the delivery of the product ordered by You gets delayed due to any of the reasons as mentioned above Further, once your product is delivered at the address provided by You while placing the order, under no circumstances will we be liable or responsible in any way whatsoever to You if the said delivery is taken by anyone else at such stipulated delivery address. Weekends and public holidays shall be excluded from the shipping/delivery time.
9.1. Subject to Clause 9.2 below, any and all our products sold on or through the Website are not returnable and non-refundable.
9.2. In an event where the product delivered to You gets damaged in transit (and accepted by us after due verification at our sole discretion) or in case of any manufacturing defects in any of our product (and accepted by us after due verification at our sole discretion) purchased by You, You may initiate a request for returning such product on the Website. You shall initiate such return request not later than 5 (five) days from the date on which the product was delivered at the address provided by You. Further, while raising such return request, You shall have the option to seek a refund of the money paid by You towards the purchase of the product or place a request for return and exchange of the product. In either case, You will be required to produce a copy of the original invoice at the time of placing such request. You shall ensure that the product being returned, whether for refund or exchange, is unused (and unsealed in case of body scrub product), unwashed, with price tags intact and all packaging material/s undamaged. Failure to comply with the foregoing shall not entitle You for any refund.
If You have a complaint about any product purchased from the Website, we request you to immediately raise the complaint to us either through email (email@example.com) or by speaking to one of our managers by phone, the number which is available on the contact us page of the Website.
11. Prohibited Activities
11.1. We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, Your Service account with us if You undertake any of the following acts:
(b) abuse, impersonate or defame us or bring any disrepute to us or to any Service user or any other person, entity or any religious community;
(c) use the Service for any commercial use or activity not expressly permitted under these Terms;
(d) “stalk” or otherwise harass any Service user or any other person;
(e) make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by us without our specific prior written consent;
(f) use the Service in an illegal manner or commit an illegal act or use the Service not expressly authorized by us;
(g) access the Service from a jurisdiction in which it is illegal or unauthorized or barred;
(h) use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the Service;
(i) collect any personal information, including contact details, of any Service users by electronic or any other means and for any purpose, not expressly permitted under these Terms;
(j) send any unsolicited message or email or any other communication in any way whatsoever not expressly permitted under these Terms;
(k) undertake any unauthorized framing of or linking to the Service or “frame” or “mirror” any part of the Service, without our prior written authorization;
(l) interfere with, obstruct, destroy or disrupt the Service or the servers or networks connected to the Service, whether partly or fully and whether permanently or temporarily;
(m) email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the Service or of any computer software or hardware or telecommunications equipment connected with the Service;
(n) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of any third party software);
(o) use meta tags, code, programs or other devices, tools or technology containing any reference to us or the Service (or any trademark, trade name, service mark, logo or slogan of ours) to direct any other Service user to any other website or application for any purpose;
(p) directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service; or
(q) post, use, transmit or distribute, directly or indirectly, in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the Service other than solely in connection with Your use of the Service in accordance with these Terms.
11.2. It is hereby expressly clarified that any of the aforesaid acts undertaken by You shall be to Your sole liability, responsibility, risk and consequences and You hereby agree to indemnify us for the same.
12. Content Posted by You
12.1. We may permit our users to post reviews, opinions and ratings for the Product. You are solely responsible for any and all content You post.
12.2. We do not verify or validate the completeness, accuracy or truth of any such content. We however reserve our right to exercise control over the type and nature of content you post, including the right to block any user from accessing the Service, whether temporarily or permanently.
12.3. You shall not post any sexually explicit, offensive, inaccurate, defamatory, inappropriate, abusive, intimidating, harassing, racially offensive, unauthorised or illegal content.
12.4. You understand and agree that we may monitor or review any post You publish on the Website. We may delete any post, in whole or in part, that in our sole judgment violates these Terms or may harm the reputation of the Service or ours.
13. Modifications to the Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Any access or usage by You of the Service shall imply that You have accepted any new or modified Terms. Please re-visit these Terms from time to time to stay abreast of any changes that we may introduce.
14. Disclaimer of Warranty
14.1. To the maximum extent permitted by applicable law, we have provided the Service on an "AS IS" and "AS AVAILABLE" and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the Service or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the Service will always be secured, uninterrupted, available, error-free or will meet Your requirements or expectations, or that any defects in the Service will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Service at all times and the results of the use of the Service.
14.2. Opinions, feedback, reviews, ratings or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us.
14.3. From time to time, we may offer new features or tools which our Service users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
14.4. We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You as a result of the Service.
15. Damage to your computer or other device
We use reasonable security practices and efforts to ensure that the Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that Your use of the Website will not cause damage to your computer or other device. It is your responsibility to ensure that You have the right equipment (including antivirus software) to use the Website safely and in a secured manner. Except where required by applicable law, we shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
16. Links to other websites
17. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive, arising out of or relating to the use or inability to use the Service, including without limitation, bodily injury, emotional distress, financial loss, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages.
You agree to indemnify, defend and hold us harmless, as well as our affiliates, partners, employees and other related or affiliated third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including but not limited to (i) any violation by You of these Terms, or (ii) any action arising from the content that You post or publish on the Website or using the Service that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You will co-operate fully in asserting any available defenses in such case.
19.1. Entire Agreement: These Terms constitutes the entire agreement between You and us regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between You and us.
19.2. Amendment: We reserve the right to amend these Terms from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the Service once the revisions have been posted onto the same. You should therefore check the Service from time to time to review the current Terms as applicable to You.
19.3. Survival: Termination or suspension of Your Website account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
19.4. Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. The Parties irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
19.5. No Assignment: These Terms are personal to You. You cannot assign Your rights or obligations, whether partly or fully, to any third party.
19.6. Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
19.7. Waiver: No waiver of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.
20. Grievance Officer
In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
● Name: Ms. Divya Kabra
● Email: firstname.lastname@example.org
21. Contact Us
Please contact us by email on email@example.com for any questions or comments regarding these Terms or pertaining to the Service.
Last Updated on: April 29, 2017