If you have any questions or concerns with respect to this agreement or the website, you may contact a representative by email at firstname.lastname@example.org
Website Intended Audience
This website is intended for visitors from India. If you reside outside of India, you can call us. Click here for a list of telephone numbers. The website is not intended for children under the age of 13.
Modification or Suspension of the Website
You agree that Kaya Skin Clinic may, in its sole discretion, and at any time, modify, discontinue or suspend its operation of this website, or any part thereof, temporarily or permanently, without notice to you, and you agree that Kaya Skin Clinic will not be liable for the consequences of doing so.
The website is owned by Kaya Ltd. All rights, title, and interest to the content displayed on the website (excluding user content, as defined below), including but not limited to the website's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names and URL are the property of Kaya Ltd or its partners, agents or third parties.
Protection of Intellectual Property Rights and License
You acknowledge that content available through the website, including without limitation, content in the form of text, graphics, software, music, sound, photographs, videos and content provided by suppliers, sponsors or third-party advertisers (‘Intellectual Property Rights’), is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly authorised by Kaya Ltd herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the website or any content (including without limitation, any software) available through the website. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the website for the sole purpose of placing an order via the website or using the website as a shopping and education resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy or use the content obtained through the website in any other way or for any other purpose. You may not copy, reprint, modify, distribute or sell content retrieved from the website in any way, for any commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of Kaya Ltd. You may not frame any trademark, logo or other proprietary information on this website without the express written consent of Kaya Ltd. Except as expressly provided in this agreement, nothing contained in this agreement or on the website shall be construed as conferring any other license or right, expressly, by implication, by estoppels or otherwise under any of Kaya Skin Clinic's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Compliance with Laws
You agree to comply with all applicable local laws regarding your use of the website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Links to Other Sites
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
Kaya Ltd AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE WEBSITE. WHILE Kaya ltd STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE AND UP-TO-DATE, Kaya Ltd CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
Disclaimer of Warranties with respect to use of Website
THE WEBSITE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Kaya Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Kaya Ltd DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Kaya Ltd MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Kaya Ltd OR THROUGH THE KAYA WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Purchasing Items on Kaya Skin Clinic
Kaya Skin Clinic attempts to describe the items available on the website as accurately as possible, and depict the most up-to-date product packaging available. Kaya Skin Clinic does not warrant that product descriptions are accurate, complete, reliable, current or error-free or that product packaging depicted on the site will match the actual product that you receive. If a product described on the website is not as described when you receive it, or the packaging on the site does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Returns Policy, which is listed in the website under Customer Service.
Order Acceptance and Shipment
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorisation of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your item within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. The website does not accept orders from dealers, wholesalers or other customers who intend to resell items offered on the website.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the website and when errors are discovered, we will correct them. Be advised that Kaya Ltd reserves the right to revoke any stated offer to correct any errors, inaccuracies or omissions, including after an order has been submitted, after it has been confirmed or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is cancelled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email or other communication method if your order has been cancelled.
Risk of Loss
All items purchased from the website are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
You may return items to the website in accordance with our Returns Policy as listed in the website under Customer Service.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Kaya Ltd, ITS SUPPLIERS OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES.
You agree to indemnify and hold harmless Kaya Ltd, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the website; information you submit or transmit through the website; your breach of this agreement; and your connection to the website.
You agree that Kaya Ltd may, in its sole discretion, and at any time, terminate your use of the website, without prior notice to you, for any reason that Kaya Ltd, in its sole discretion, deems appropriate. You further agree that Kaya Ltd will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of the agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the agreement shall continue in full force and effect.
Limitations of Actions brought against Kaya Ltd
You agree that any claim or cause of action arising out of your use of the website or the agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
The agreement and the resolution of any dispute related to the agreement, the website or items you purchase through the Website shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Kaya Ltd and you related to the agreement shall be brought exclusively in a court of competent jurisdiction sitting in Mumbai, India, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Modifications to the Agreement
The information communicated on the website constitutes an electronic communication. When you communicate with us through the website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Kaya Skin Clinic™ is a trademark of Kaya Ltd. All other trademarks and service marks displayed on the website are the property of Kaya Ltd or their respective owners. You may not use or display any trademarks or service marks owned by Kaya Ltd without our prior written consent. You may not use or display any other trademarks or service marks displayed on this website without the permission of their owners.
Contents Posted on Site
Terms for promotions/ contests/ offers/ campaigns
· Discounts will be applied to the total merchandise value including VAT and applicable taxes
· Only one gift voucher/ coupon can be used per order unless otherwise stated
· Gift vouchers/ coupons may, from time to time, be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered.
· Gift vouchers/ coupons issued for purchases on shop.kayaclinic.com cannot be availed against any purchase in the clinic unless stated otherwise.
. Gift vouchers cannot be clubbed with any other online promotion/offer.
· Kaya Ltd. shall introduce various offers, schemes or contest at different times. The Terms and Conditions for such contests shall be separately available on the site.
· Kaya Ltd. reserves the right to change/ modify/ add/ delete any of the Terms and Conditions prevailing on the different promotional schemes, it introduces from time to time. Kaya Ltd., at its discretion, can withdraw a particular scheme from the website.
· An offer / promotion cannot be clubbed with another offer / promotion or discount voucher.
· In case of any query pertaining to use of coupon and/or gift vouchers or regarding the schemes, please email customer care - email@example.com or call - 1800-209-5292.
Kaya Ltd. reserves the right to cancel any orders placed using promotional vouchers. Some situations where your order may be cancelled include, without limitation, misuse of any promotional vouchers, unauthorized usage of vouchers or inaccuracies of voucher pricing and value thresholds. The voucher amount will not be refunded for such cases.