TERMS OF SERVICE

Effective From: 1st April, 2024

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy, and Terms of Service for access or usage of domain name (https://prezerve.in/) (the “Website”) and applications (hereinafter together referred to as the “Platform”). The Platform is owned and operated by Ika Aan Essentials Private Limited having its registered office at 61/62 C Ganj Gardens, Chandganj, Aliganj, Lucknow, Uttar Pradesh- 226024.

These Terms of Service (the “Terms”) constitute a legally binding agreement between Ika Aan Essentials Private Limited (“Company” or "us" or "we" or "our"), and you (“customer” or “user” or “you” or “your”). These Terms will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between you and us for the use of our Platform.

We are an online Platform providing beauty and personal care by offering new water-friendly, plastic-free products, ensuring that our products are natural, vegan, sulphate-free, and environmentally friendly, all tested and approved by experts, so you can take care of yourself and the planet at the same time (the “Services”).

Your use of the Platform and Services and tools is governed by the following Terms as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to these Terms as well as the policies that are applicable to the Platform for such transactions.

For the purpose of these Terms, wherever the context so requires "you" or "user" shall mean any natural or legal person who accesses or uses our Platform or has agreed to become a customer on the Platform by registering with us through their device. The applicability of these Terms extends to users regardless of the device type used for accessing our Website, whether it be a laptop/desktop or a mobile/tablet device.

Further, for the sake of brevity, in applicable contexts, the term "transaction" is defined as the utilization of the Services, initiation of an order, and the facilitation of payment through electronic means and accepted payment methods.

Accessing, Browsing, Or Otherwise Using The Platform Indicates Your Agreement To All The Terms And Conditions Under These Terms, So Please Read The Terms Carefully Before Proceeding. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our Policies (including but not limited to the Privacy Policy) as amended from time to time. If you do not agree with anything provided herein, please do not use or access our Platform and/or Services.

We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revision in these Terms, we will update the effective date above and the revised Terms shall be effective from such date. You are required to frequently check these Terms and their effective date to understand the terms and conditions that apply to your use of our Services. Your continued use of the Services following such modification constitutes your acceptance of the modified Terms of Service, whether or not you have read them.

Further, we may change, suspend, and/or discontinue the Services at any time, including the availability of any feature, database, and content on the Platform. We may also restrict users’ access to parts and/or all of the Services without notice and/or liability to the users.

ABOUT OUR PLATFORM

Prezerve operates as an online Platform dedicated to revolutionising the beauty and personal care industry. We offer a diverse range of innovative, water-friendly, and plastic-free products ensuring that each item is formulated to be natural, organic, vegan, and sulphate-free, prioritising both personal well-being and environmental sustainability. Our Platform provides customers with a transparent and seamless shopping experience, where products are rigorously tested and approved by experts. By choosing Prezerve, users can confidently care for themselves while contributing to the preservation of our planet.

USER ELIGIBILITY

Our Services are directed to be used by adults who are eighteen (18) years of age and above, and who can form legal contracts under applicable laws. By using the Platform, it is assumed that you are competent to form legally binding contracts under applicable local laws of your native country. If a user lacks the competence to enter into a valid contract, they are prohibited from engaging in any activities on the Platform. By visiting, dealing, or transacting on the Platform, the user implicitly represents that they possess the legal competence to enter into valid contracts under the applicable laws.

If you are a minor i.e. under the age of eighteen (18) years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor, if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. We reserve the right to refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years of age and transacting on the Platform.

YOUR USER ACCOUNT

To establish a user account (the “Account”) with us, you may be required to provide certain personal information, including without limitation your first and last name, email address, and contact information, which may be used to identify you as an authorised user of the Service. You agree to supply accurate information at the time of creating an Account when requested and to promptly update that information if it changes. We reserve all rights to pursue legal action against individuals who misrepresent personal information or are otherwise untruthful about their identity and to suspend or cancel Account(s) registered with inaccurate or incomplete information.

Login Information: During the registration process or in connection with certain features or products available through the Services, you may need to select a username and a password (collectively, “Login Information”). To ensure ease of access and your benefit, certain features, Services, or products available through the Platform may come with an automatic registration or login requirement. It's crucial that you remember your Login Information and keep it in a safe and secure offline location. You may not share or transfer your Account or the Login Information with anyone other than as expressly set forth in this Agreement. You are responsible for protecting the confidentiality of the Login Information, and you will be responsible for all use of your Account accessed with your Login Information, including purchases, whether or not authorised by you. Any unauthorised access, use, distribution, or transfer of your User Account or Login Information may result in suspension, termination, or cancellation of your Account and your access to and use of the Services.

Security of your Account and Login Information: If you become aware of or suspect unauthorised use of your Account or Login Information or any other breach of security, you agree to immediately notify us and ensure that you secure your Account, Login Information, and device from unauthorised access and use. Once we are notified of any unauthorised use or breach of security, we will attempt to reset your Login Information, which may require you to provide us with a new username or password. In accordance with our Privacy Policy, we have implemented technical, administrative, and physical security measures to help safeguard and prevent unauthorised access, use, or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third-party providers that we may use are vulnerable to attack and cannot be guaranteed to be secure. We hereby disclaim any liability for security breaches, access to or disclosure of your personal information, or the unavailability of the Services, or any delay or failure to perform resulting from any causes whatsoever.

PLATFORM CONTENT

In your use of the Platform, you may upload, post, provide, publish, display, link to, or otherwise make information necessary for the Services available via the Platform (collectively “Content”). Such Content will become our property, and you hereby grant us worldwide, perpetual, and transferable rights to such Content. We are entitled, in line with our Privacy Policy as adopted in accordance with applicable law, to use the Content or any of its elements for any purpose indefinitely. This includes but is not limited to, promotional and advertising purposes across any media now known or hereafter devised, including the creation of derivative works incorporating the Content you provide. You acknowledge that any Content you post may be utilised by us, consistent with our Privacy Policyon the Platform as outlined herein, and you shall not be entitled to any payment or other compensation for such use.

All products displayed on the Platform and the Platform itself are protected by intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, contractors, partners, and/or suppliers as the case may be.

If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy.

The user acknowledges that we may or may not pre-screen Content. However, we retain the right (but are not obligated) to pre-screen, refuse, or remove any Content and/or products from the Platform at any time, for any reason. This includes, but is not limited to, instances where we receive claims, allegations, or complaints from third parties and/or authorities related to such Content, or for no reason at all.

Your contribution to Content is subject to the understanding that it aligns with applicable laws and regulations. Additionally, you are required to ensure that the Content does not infringe upon the intellectual property rights of any third party. Prior to providing such Content, you must obtain the necessary permissions, authorizations, or licences for trademarks, copyrightable works, or any other relevant intellectual property owned or controlled by a third party.

You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on our Platform, or otherwise have the right to do so. Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable laws, and regulations, or infringe or misappropriate any rights of any person or entity. We may remove your Content at any time, at our sole discretion, if we have a concern about your Content.

You are permitted to utilise information regarding the products and Services offered on the Platform for downloading, under the condition that you: (1) employ such information solely for personal, non-commercial informational purposes without copying or posting it on any networked computer or broadcasting it in any media, (2) refrain from making modifications to any such information, and (3) abstain from providing any additional representations or warranties concerning such information.

Reviews and Comments: The following terms constitute “Review Policy”

Website users have the option to post reviews, comments, and other content, as well as send communications and submit suggestions, ideas, questions, or additional information. Failure to adhere to these guidelines may result in us exercising the right (but not an obligation) to remove, refuse, delete, or edit any content. In our sole judgement, if content violates these Terms, we also reserve the right to terminate your permission to access or use this Platform.

If you do post content or submit material on the Platform, you:

Grant us and our affiliates a non-exclusive, royalty-free, irrevocable, perpetual, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

We retain the right to use the name that you submit in connection with such content

You warrant that you possess or otherwise hold all the rights to the content you post or provide on the Website. As of the submission date of the content or material to us, you affirm that:

You will provide accurate and unbiased reviews after utilising each Service, avoiding discriminatory, offensive, or defamatory language;

You shall not make use of coercion, intimidation, or manipulation to influence reviews, including offering compensation for positive reviews or threatening consequences for negative ones;

Reviews should not be exchanged for value, such as discounts, refunds, or reciprocal reviews, and must not be used to deceive or mislead others;

Reviews must offer relevant information about the reviewer’s experience to assist other customers in making informed decisions.

The use of the content and material you provide complies with all our policies or guidelines and will not cause harm to any person or entity (including non-defamatory content);

You agree to indemnify us for any claims brought by a third party against us arising from or in connection with a breach of these warranties.

ORDERS

Placing Orders: All products and information displayed on the Platform constitute an invitation to offer. Your order for purchase constitutes your offer. Once your order has been placed, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order. Please note that once your order has been placed, we will be unable to make any changes to it.

Coupons and Discounts: We allow the customers to avail of promotional discounts and coupon codes during the checkout process, each governed by specific terms and conditions. These include details on usage, limitations, applicability, restrictions, and validity. We reserve the right to update these terms based on factors such as usage patterns, regulatory requirements, and other considerations, with changes communicated to users without prior notice.

Delivery: Our third-party logistics partners handle order deliveries, with an estimated delivery time for domestic orders ranging between 7-10 working days, varying based on the delivery address. Expect email updates detailing your order's status, which can also be accessed in your Account section on the Platform.

PRODUCT SAFETY AND USAGE RECOMMENDATIONS

All our products are FDA-approved and dermatologically tested. However, customers are requested to do a patch test before they use the product, and if any irritation or red patches appear, they are advised to discontinue the use of the products.

PRICING AND PAYMENT

Pricing: We are committed to providing accurate product information and pricing, though errors may occur. We cannot confirm the price of a product until you place the order. In the event of any technical error resulting in incorrect pricing or information, we reserve the right to refuse or cancel any orders placed for that product or service, unless delivery has already occurred or the Service has been availed of. If an item is mistakenly priced, we may contact you for instructions or cancel your order and notify you accordingly. Unless the product has been delivered or Services are availed of, your offer will not be considered accepted, and we may modify the price or cancel the order, notifying you via the email address provided during registration or order placement. If we accept your order, the payment will be processed and duly notified to you by email. Payment may be processed before product dispatch.

Prices and availability of products and Services offered on the Platform are subject to change without prior notice and at our sole discretion. We may revise or discontinue any product/Service at any time. If we are unable to deliver the product on time or at all, you will be notified by email, and your order will be automatically cancelled due to product unavailability or failure to deliver within the expected time frame by our delivery partners. In case of product unavailability for an order already placed, we will refund the amount to you in 7 working days.

Payment Mode: Users are authorised to use valid credit/debit cards, or any other accepted payment methods, including online banking facilities, for transactional activities on our Platform. Users are required to provide accurate and complete details of their credit/debit cards or online banking accounts. It is the user's responsibility to ensure the correctness of the information provided, and any incurred costs, expenses, losses, or damages resulting from the submission of incorrect details are solely the user's responsibility.

We disclaim any responsibility and liability for any loss or damage incurred by users during the utilisation of available payment methods on the Platform. This includes but is not limited to, instances such as:

Lack of authorization for a transaction;

Exceeding the mutually agreed preset limit between the user and the respective bank;

Payment issues arising from the transaction; and/or

Transaction being declined due to any other reasons.

All payments made against the purchases on the Platform by you shall be compulsorily in Indian Rupees. The Platform will not facilitate transactions concerning any other form of currency with respect to the purchases made on the Platform.

By accepting these Terms, you expressly authorise us and our service providers to electronically collect, process, facilitate, and remit payments, including the transaction amount, through electronic means on the Platform.

You acknowledge, understand, and agree that the payment facility provided by us constitutes neither a banking nor financial service. Instead, we offer an electronic, automated online payment, and remittance facility for transactions on the Platform through the existing authorised banking infrastructure and credit card payment gateway networks. It is imperative to clarify that, in providing the payment facility, we assume neither the role of a trustee nor engage in a fiduciary capacity concerning the transaction, thereby absolving itself from such responsibilities.

We utilise multiple payment gateways to provide payment gateway services on the Platform. By using our services, you acknowledge and agree that any payment made on the Platform is also subject to the terms and conditions of our payment gateway partners.

We affirm that the information provided by the customer in this regard will be treated as confidential and will not be divulged to any third party, except as necessitated by the applicable laws, regulations, and/or processes of any government authority, and/or in connection with any judicial proceedings pertaining to legal actions, suits, and/or proceedings arising from or related to these Terms.

We diligently report and pursue both confirmed and suspected instances of credit/debit card fraud so we may request additional authorization from the user. The decision to seek further authorization rests solely with us. We retain the right to annul, postpone, decline delivery, or retract any order in case of suspected fraud. We shall not be held liable to the user for any losses arising from such cancellation.

During the order process, we collect specific information such as user ID, time, date, IP address, and other relevant details aimed at identifying individuals involved in fraudulent activities. In cases where an order is suspected to be fraudulent, all records will be provided, with or without a subpoena, to law enforcement agencies and the credit/debit card company for a thorough fraud investigation. We are committed to collaborating with authorities to ensure the prosecution of offenders to the maximum extent permitted by law.

We retain the right to set restrictions on the number of attempts that the Platform may accept from an individual utilising a valid credit/debit card and valid bank account or any other approved financial instrument. This encompasses transactions conducted through payment aggregators or any facility authorised by the Reserve Bank of India to provide support for the collection and remittance of payments. Furthermore, we reserve the right to decline processing transactions that surpass these predefined limits.

Taxes: You are responsible for the payment of all fees, costs, and charges associated with the purchase of products from us, and you agree to bear any and all applicable taxes, including but not limited to VAT/CST, service tax, GST, duties, and cesses, etc.

SHIPPING

Packaging: Our products are meticulously packaged using high-quality materials and techniques to ensure the safe delivery of our products to your doorstep.

Shipping: The shipping options may vary depending on the delivery address, pin code, and product availability. When processing your order, we will show you the available shipping methods and the cost. Enjoy complimentary domestic shipping for all Prepaid Orders within India. Delivery Charges of Rs 50 are applicable on all COD orders. Anticipate an estimated delivery window of 7-10 working days, subject to the shipping address. Please note that our deliveries are exclusively conducted on business days.

RETURN AND EXCHANGES

Given the unique nature of beauty and personal care products, all sales are final, and products cannot be returned or exchanged for any reason once sold. Any complaints regarding product issues must be raised within 3 days of receiving the product.

Exceptions to this policy apply only in cases where a product is damaged in transit, an incorrect product is sent, or if it arrives in an unstable condition. In such instances, we will promptly replace the product.

We kindly ask customers to inspect their orders upon receipt and to immediately contact us if the item is defective, or damaged, or if the wrong product is received. This allows us to promptly assess the issue and take appropriate action to resolve it.

ACCURACY OF OUR PLATFORM CONTENT AND SERVICES

All precautions have been taken by us to provide accurate data and information in the preparation of the content of this Platform, in particular, to ensure that prices quoted are correct at the time of publishing and that all products have been fairly described. However, the Platform does not warrant that the product description, colour, information, or other content of the Platform is accurate, complete, reliable, current, or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

The weights, dimensions, and capacities given are approximate only. We have made every effort to correctly display the colors of the products that appear on the Platform.

All logos, brands, marks headings, labels, names, signatures, numerals, shapes, processes, technology, content, illustrations, designs, or any combinations thereof, appearing on the Platform, except as otherwise noted, are properties either owned, or used under licence, by the Company and/or its subsidiaries, affiliates, associate companies, contractors, partners, and/or suppliers as the case may be. The use of these properties or any other content on the Platform, except as provided in these terms and conditions or the content, is strictly prohibited.

We reserve the right to correct, change, or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to pricing and availability of the product and/or Services.

LICENCE FOR WEBSITE ACCESS

Subject to your compliance with these Terms and the payment of applicable fees, if any, we provide you with a limited license to access and make personal use of this Platform. However, you are not authorized to download any content (other than page caching) or modify the Platform, or any portion of it, except with our express written consent. This license explicitly excludes any resale or commercial use of this Platform or its contents, the collection and use of any product listings, descriptions, or prices, any derivative use of this Platform or its contents, any downloading or copying of Account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools.

ACCEPTABLE USE POLICY

The following terms constitute our “Acceptable Use Policy”:

Subject to your compliance with these Terms, including the 'Prohibited Uses' defined in Clause 13.5 below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and

download any portion of the Content provided by you for utilizing our Services.

Subject to compliance with these Terms, we may offer to provide the Services, as more comprehensively described on the Platform. These Services, selected by you, are intended solely for your own use and are not to be used or exploited for the benefit of any third party.

The provision of Services will be carried out on a best-efforts basis. We do not provide any warranties for the continuous availability or the accuracy of any Content.

We explicitly disclaim any responsibility for any harm resulting from the use, viewing, or downloading of any Content from the Platform. If you choose to access or use any Content, it is your responsibility to take necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. You acknowledge and agree that we shall not be liable for any damages that may arise from your use of the Content on the Platform.

Prohibited Uses:

While using the Platform, users consent to abstain from activities that contravene these Terms, encompassing fraudulent acts, spamming, hacking, and any actions that could disrupt the operations of the Platform.

While using the Platform users are strictly prohibited from assuming the identity of others, utilizing counterfeit accounts, or indulging in any conduct that may falsely represent their identity.

You are prohibited from downloading any material from our Platform or saving any such material to your computer without our express permission.

You shall not edit or otherwise modify any material on our Platform unless you own or control the relevant rights in the material.

You are also expressly prohibited from:

Republishing or redistributing material from our Platform;

Selling, renting, or sub-licensing material from our Platform;

Showing any material from our Platform in public; or

Exploiting material from our Platform for a commercial purpose.

You are prohibited from probing, scanning, or testing the vulnerability of our Platform without our permission.

You are prohibited from using our Platform to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You are prohibited from decrypting or deciphering any communications sent by or to our Platform without our permission.

You shall not conduct any systematic or automated data collection activities, which include without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Platform without our express written consent.

You shall not use our Platform except by means of our public interfaces.

You shall not use data collected from our Platform for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing, and direct mailing.

You must not do anything that interferes with the normal use of our Platform.

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Additional activities that are prohibited

You may not access or use the Platform and/or our Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Platform, you agree not to:

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and Services and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Platform in order to harass, abuse, or harm another person.

Make improper use of our Platform and/or Services or submit false reports of abuse or misconduct.

Use the Services in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform and/or Services.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

Attempt to bypass any measures of the Platform and/or Services designed to prevent or restrict access to the Platform and/or Services, or any portion of the Platform and/or Services.

Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform and Services.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorized script or other software.

Make any unauthorized use of the Platform and/or Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating User Account(s) by automated means or under false pretenses.

USER REPRESENTATIONS

By using the Platform, you represent and warrant that:

all the information you submit will be true, accurate, current, and complete;

you will maintain the accuracy of such information and promptly update such information as necessary;

you have the legal capacity and you agree to comply with these Terms;

Your use of the Platform shall be solely for your own purposes and you shall not authorize others to use your Account;

If you register on our Platform as the representative of any entity, you represent that you are authorized to act on behalf of such entity and that such entity shall be bound to comply with these Terms upon your acceptance of these Terms;

you are not a minor in the jurisdiction in which you reside and you are responsible for adhering to your country's laws when accessing our Platform and utilizing our Services, given that the Company is located in India;

you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise;

you will not use the Platform for any illegal or unauthorized purpose; and

your use of the Platform will not violate any applicable law or regulation.

INTELLECTUAL PROPERTY RIGHTS

The Platform, products, and Services and all rights therein are and shall remain the property of the Company or the property of the Company’s licensors. Neither these Terms nor your use of the Platform and Services convey or grant to you any rights: (i) in or related to the Platform and Services except for the limited license granted above; or (ii) to use or reference in any manner the Company’s company names, logos, product and service names, trademarks, or service marks, or those of the Company’s licensors.

Subject to the provisions of these Terms, we grant users a limited, non-exclusive, non-transferable license to access and use our Platform strictly for its intended purposes. This license explicitly does not confer any ownership rights to users, and any unauthorized use constitutes a material breach of these Terms.

All copyright and other intellectual property rights in the material on our Platform are reserved.

By submitting any Content on our Platform, you grant us a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content.

We respect the intellectual property rights of others, and users are expected to do the same. Uploading, posting, or otherwise transmitting any content that infringes on the Company's or any third party’s intellectual property rights is strictly prohibited. We reserve the right to promptly remove any infringing content.

You shall not reproduce, modify, create derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform and/or Services except as expressly permitted by the Company.

COMMUNICATIONS

While utilizing the Platform or transmitting emails or other data, information, or communication to us, you acknowledge and consent that you are engaging with us through electronic records. You agree to receive communications via electronic records from us periodically and as necessary. Our communication with you may occur through email or any other mode of communication, electronic or otherwise.

CLAIMS AGAINST OBJECTIONABLE CONTENT

You have the option to refer to the product specification page on the Platform to review any product details provided by us, including but not limited to:

The total price in a single figure for any goods or services, along with the breakup of the price, displaying all mandatory and voluntary charges such as delivery charges and applicable taxes, as applicable. These details will also be available on the invoice issued to you;

Mandatory notices and information mandated by applicable laws, as well as the expiry date of the goods being offered for sale, where applicable; and/or

Goods and services offered for sale, including the country of origin, which is essential for enabling the customer to make an informed decision at the pre-purchase stage.

If you encounter objectionable content (including content that falls within the provisions of Clause 13), please contact us at customersupport@prezerve.in or on the customer support number +919026707130.

CHARGES

We may impose a nominal fee for accessing and making purchases on the Platform. The fee is subject to change at our discretion with the Platform reserving the right to modify existing Services/fees or introduce new Services/fees. In the event of such changes, we may introduce fees for new Services or amend/introduce fees for existing Services. Any modifications to the fees will be communicated through postings on the Platform, and these changes will be effective immediately upon posting. All fees will be quoted in Indian Rupees until otherwise specified by us. Users are solely responsible for ensuring compliance with all applicable laws, including those in India, regarding payments.

PROFANITY POLICY

We strictly prohibit the use of racist, hateful, sexual, or obscene language in any public area on the Platform. This policy encompasses text within the products page and all other sections of the Platform that may be viewed by other users. Users are encouraged to report any violations of this policy for prompt review, including without limitation:

offensive display names; and/or

offensive language in a product page or otherwise.

If any feedback comment, communication between users on the Platform, or email exchange related to transactions conducted on the Platform includes profanity, users are encouraged to submit a formal request at customersupport@prezerve.in.

Disciplinary action may result in the indefinite suspension of a user's Account, temporary suspension, or a formal warning.

EMAIL ABUSE AND THREAT POLICY

Private communication, including email correspondence, conducted by users is not directly regulated by us. We strongly encourage our users to maintain a professional, courteous, and respectful tone when communicating via email. While we generally do not intervene in private communications, we will thoroughly investigate and take appropriate action against certain types of unwanted emails that violate any or all of our policies.

One such violation includes without limitation, spoof (fake) emails. It is essential to note that we will never request sensitive information from you through email. If you ever receive a spoof email claiming to be from us and asking for sensitive information, we urge you to promptly report it to us at customersupport@prezerve.in for further investigation and necessary action.

LINKS TO THE THIRD-PARTY SITES

We may provide links to third-party sites on our Platform as a convenience to user(s). You hereby acknowledge that when you access third-party sites, you do so at your own risk.

You understand that external sites are beyond our control, and we are not accountable for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such external websites or resources. The inclusion of any link does not imply endorsement or sponsorship by us or any association with its operators.

We may provide access to services from external or third-party service providers, seamlessly integrated into our Platform. Users acknowledge and agree that any issues or non-performance of such services will be addressed on a best-effort basis, subject to the pass-through obligations as agreed with the external/third-party service providers.

Users are advised to exercise caution when navigating external sites and using integrated services and carefully review the terms and conditions and privacy policies of all off-website pages and other websites that they visit.

We reserve the right to modify or remove links to third-party sites and services at any time without notice. Continued use of our Platform constitutes acceptance of any modifications to the links provided.

Users acknowledge that we collaborate with external or third-party service providers to enhance the user experience. Any collaborative efforts aim to improve services but are subject to the terms and conditions agreed upon with the respective service providers.

Users may be notified when they are leaving our Platform and redirected to access a third-party site or service. Additionally, we are not responsible for any content, advertisements, products, or other materials available on external sites or through integrated services.

AVAILABILITY OF THE PLATFORM

While we do our best to keep the Platform up and running all the time, we can't promise it will always be perfect. Sometimes, there might be interruptions, delays, or errors, or the Platform might not be free of viruses. If there are any problems, we'll try our best to fix them as soon as possible.

You need the internet to use the Platform, and you'll have to cover the costs for that. We won't be responsible for those costs.

The Platform might not work with every device or software out there, and sometimes we'll need to update it, which might make some parts temporarily unavailable.

We're not liable for any business losses or other indirect losses you might experience while using the Platform.

You're responsible for having the proper internet connection and devices to use our Services. If you use wireless devices, you might have to pay extra fees to your mobile network. And while we try to make sure our Services work on most devices, we can't guarantee they'll work perfectly on every single one.

PRIVACY

The terms relating to the collection of information from you, security, access to, and transfer of your data or information are governed by our Privacy Policy, which can be found here.

TERMINATION

These legal Terms shall remain in full force and effect while you use the Platform and/or Services. Without Limiting Any Other Provision Of These Legal Terms, We Reserve The Right To, In Our Sole Discretion And Without Notice Or Liability, Deny Access To And Use Of The Services And/Or Platform (Including Blocking Certain Ip Addresses), To Any Person For Any Reason Or For No Reason, Including Without Limitation For Breach Of Any Representation, Warranty, Or Covenant Contained In These Legal Terms Or Of Any Applicable Law Or Regulation. We May Terminate Your Use Or Participation In The Services Or Delete Your Account And Any Content Or Information That You Posted At Any Time, Without Warning, In Our Sole Discretion.

If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Users have the liberty to terminate their Accounts whenever they wish by adhering to the instructions that are clearly outlined on the Platform.

Clauses including Indemnity, Disclaimer, and Limitation of Liability shall survive termination of these Terms.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these legal Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Health Disclaimer: THIS PLATFORM MAY PROVIDE INFORMATION RELATED TO SKIN CARE AND IS INTENDED FOR YOUR PERSONAL USE AND INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

YOU SHOULD CONSULT WITH A PHYSICIAN IF YOU ARE PREGNANT OR HAVE PRE-EXISTING HEALTH CONDITIONS. NOTHING CONTAINED IN THE PLATFORM SHOULD BE CONSIDERED AS MEDICAL ADVICE OR DIAGNOSIS.

YOU SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROVIDER BEFORE USING ANY PRODUCTS, ESPECIALLY THOSE WITH KNOWN ALLERGIES, MEDICAL CONDITIONS, OR CONCERNS.

YOU ASSUME ALL RISKS OF INJURIES ASSOCIATED WITH USING OUR PRODUCTS AND/OR SERVICES INCLUDING, BUT NOT LIMITED TO, THE EFFECTS OF THE WEATHER, INCLUDING HIGH HEAT AND/OR HUMIDITY, AND ALL OTHER SUCH RISKS BEING KNOWN AND APPRECIATED BY YOU.

IF YOU HAVE ANY MEDICAL HISTORY THAT MAY PUT YOUR SKIN AT RISK, INCLUDING, WITHOUT LIMITATION, ONE OR MORE OF THE FOLLOWING CONDITIONS, YOU MUST SEEK APPROVAL FROM A QUALIFIED HEALTHCARE PRACTITIONER PRIOR TO USING THE PRODUCTS AND/OR SERVICES.

BY USING OUR PRODUCTS AND/OR SERVICES, INDIVIDUALS ACKNOWLEDGE AND ACCEPT RESPONSIBILITY FOR THEIR OWN HEALTH AND WELL-BEING.

LIMITATION OF LIABILITY

We bear no responsibility for any secondary, resultant, or incidental harm that may occur due to the utilization or inability to utilize the Platform and/or Services.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform and/or Services, even if we have been advised of the possibility of such damages.

We shall not be liable for:

Unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;

The Platform not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;

Internet transmissions not being entirely private or secure; messages may be read by others; and/or

Under various legal theories, we shall not be liable for loss of profits, revenue, goodwill, or any indirect or consequential damages arising from the use of the Platform and/or Services. Users should be aware of potential risks in internet transmissions.

INDEMNIFICATION

You shall defend, indemnify, and hold us harmless including our owners, affiliates, subsidiaries, group companies, partners (as applicable), and their respective officers, directors, agents, and employees ("Indemnified Parties"), from and against any claim, demand, damages, obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of your or your affiliate's or relative's: (a) breach of these Terms, the Privacy Policy and/or any other policies; or (b) violation of any applicable law, rules, regulations; or (c) violation of the rights (including infringement of intellectual property rights) of a third party; or (d) unauthorized, improper, illegal or wrongful use of your user Account (including by you or by any person, including a third party, whether or not authorized or permitted by you). This indemnification obligation will survive the expiry or termination of these Terms and/or your use of the Service.

Pricing on any product(s) as is reflected on the Platform may be subject to some technical issue, typographical error, or product information may be incorrectly reflected and in such an event, we may cancel such order(s). The user specifically waives any claims that the user may have on this behalf under any applicable law. Notwithstanding our reasonable efforts, the Platform cannot take responsibility or control the information provided by users that is made available on the Platform. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution when using the Platform.

GOVERNING LAW

These Terms shall be construed in accordance with the applicable laws of India.

If any dispute or claim arises from or in connection with (i) these Terms, (ii) your access to or use of our Platform and/or Services, the relevant parties shall resolve the dispute through amicable negotiations.

In the event that the dispute is not resolved through amicable negotiations, you agree to submit the dispute to the Arbitration for determination. Notwithstanding the foregoing, you agree that (i) we have the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Lucknow, Uttar Pradesh, India.

CONTACT INFORMATION

Phone Number: +919026707130

Whatsapp only: +919335489018

E-mail id: customersupport@prezerve.in

Contact Days: Monday to Saturday (10:00 a.m. to 6:00 p.m.)