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Welcome to [NYKAA FASHION] (“” Company or “Site” or “Application”). This Site is owned and operated by Nykaa Fashion Private Limited (“Nykaa Fashion”). Nykaa Fashion provides an online platform (”Site”) for connecting Users and it does not own any Products or discharge services listed on its Site.
Use of This Site
The Site is only to be used for your personal non-commercial use and information.
Your use of the services and features of the Site shall be governed by these Terms
Policy and Cancellation, Refund and Return Policy (together "Policies") as modified
and amended from time to time.
requires "You" or "User" shall mean any natural or legal person who has agreed to
access the Website. By mere accessing or using the Site, you are acknowledging,
whether you have read the same or not. ACCESSING, BROWSING OR
OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE
TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of
You are responsible to ensure that your access to this Site and material available on
or through it are legal in each jurisdiction, in or through which you access or view the
site or such material.
Nykaa Fashion reserves the right to change the particulars contained in the
users and in its sole discretion. If Nykaa Fashion decides to change the Terms
or the Policies on the Site and update the date specified above. Any change or
not you have read them. For this reason, you should frequently review these Terms
of Use, our Guidelines and Rules and any other applicable policies, including their
dates, to understand the terms and conditions that apply to your use of the Site.
Nykaa Fashion may use your Personal Information such as name, e-mail, postal addresses, phone number(s), IP addresses, product interest information and in certain circumstances, your opinions and individual preferences, etc;, (collectively "Personal Information") collected:
send you or your friends, relatives or associates, products that you have ordered;
process gift card transaction;
help us learn more about your shopping preferences; or
conduct marketing and performance research to assist us in measuring our customer services, benchmarking our performance and to help us improve your shopping experiences and product offerings.
to send communication related to order updates and offers through e-mail, SMS and social media channels.
You may always choose not to receive promotional materials or marketing information.
Platform for Transaction & Communication
The Site is a platform that Users utilize to meet and interact with one another for their
transactions and is anonline platform. Nykaa Fashion is not and cannot be a party to
or control in any manner any transaction between the Site's Users.
Through this online platform, Nykaa Fashion only aims to be provide the platform
through which buyers and sellers interact and all commercial/contractual terms are
offered by and agreed to between Buyers and Sellers independently. These include
without limitation the price, shipping costs, payment methods, payment terms, period
and mode of delivery, warranties, after sales services, replacement/returns and
refunds, related to products and services. Nykaa Fashion does not and will not have
any control or does not determine or advise or in any way involve itself in the offering
or acceptance of such commercial/contractual terms between the Buyers and
Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and
not by Nykaa Fashion .
Placement of order by a Buyer with Seller on the Website is an offer to buy the
product(s) in the order by the Buyer to the Seller and it shall not be construed as
Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains
the right to cancel any such order placed by the Buyer, at its sole discretion and the
Buyer shall be intimated of the same by way of an email/SMS. Any transaction price
paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer.
Further, the Seller may cancel an order wherein the quantities exceed the typical
individual consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity that exceeds the typical individual consumption.
What comprises a typical individual's consumption quantity limit shall be based on
various factors and at the sole discretion of the Seller and may vary from individual to
Nykaa Fashion is not responsible for any non-performance or breach of any contract
entered into between the Buyers and Sellers. It does not and cannot guarantee that
any transaction entered into between the Buyers and Sellers will be concluded by
such Users and it shall not intervene in any dispute/disagreement between the Users
whether through mediation or through any other means to resolve the
dispute/disagreement between the Users.
Nykaa Fashion is not assuming liability and shall not be held liable in any manner whatsoever on account of any monetary loss or other damage suffered by the Customer for
delay or failure of delivery, interruption, or corruption of any data or other information
transmitted in connection with use or operation of the Platform, . It shall not have any
obligations or liabilities in respect of any contract entered into by the Users and it
shall not be responsible for unsatisfactory or delayed performance of services or
damages or delays as a result of Products that are out of stock, unavailable or back
We understand the importance of safeguarding your personal information and we
govern your visit and use of the Site. Your continued use of the Site implies that you
conditions. You consent to the use of personal information by Nykaa Fashion in
may be subject to amendment from time to time at the sole discretion of Nykaa
Fashion without any notice.
This Site is directed to be used by adults only. We assume that any minor, if at all,
accessing our Site is under the supervision of their guardians. Nykaa Fashion or its
associates do not knowingly collect information from minors. You will be responsible
for maintaining confidentiality of your account, password, and restricting access to
your computer, and you hereby accept responsibility for all activities that occur under
your account and password. You acknowledge that the information you provide, in
any manner whatsoever, are not confidential or proprietary and does not infringe any
rights of a third party.
If you are accessing, browsing and using the Site on someone else’s behalf; you
represent that you have the authority to bind that person to all the terms and
conditions herein. In the event that the person refuses to be bound as the principal to
use of the Site resulting from such access or use of the Site.
If you know or have reasons to believe that the security of your account has been
breached, you should contact us immediately at the 'Contact Information' provided
below. If we have found a breach or suspected breach of the security of your
account, we may require you to change your password, or suspend your account
without any liability to Nykaa Fashion.
We reserve the right to refuse service and/or terminate accounts without prior notice
discretion, that it would be in Nykaa Fashion’s best interests to do so. You are solely
responsible for all content that you upload, post, email or otherwise transmit via the
Site. The information provided to us shall be maintained by us in accordance with our
Product & Services Information
Nykaa Fashion attempts to be as accurate as possible in the description of the
product on the Site. However, Nykaa Fashion does not warrant that the product
description, colour, information or other content of the Site is accurate, complete,
reliable, current or error-free. The Site 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.
Nykaa Fashion does not make any representation or warranty as to specifics, such
as quality, value, saleability, quantity, completeness, accuracy, legal title etc. of the
products or services proposed to be sold or offered to be sold or purchased on the
Site. Nykaa Fashion does not implicitly or explicitly support or endorse the sale or
purchase of any products or services on the Site and it shall not be liable for any
actions arising out of any errors, omissions, negligence or any other actions, whether
on behalf of itself or third parties.
Nykaa Fashion reserves 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.
Product Use & Services
The products and services available on the Site, and the samples, if any, that Nykaa
Fashion may provide you, are for your personal and/or professional use only. The
products or services, or samples thereof, which you may receive from us, shall not be
sold or resold for any commercial reasons.
Nykaa Fashion is in no manner responsible for any manufactural defects. Service
provider and manufacturer of the product or service shall be solely responsible for
such defects and consumer complaints. You should carefully read the individual
terms and conditions in relation to the products.
Recommendation of Products & Services
Any recommendation made to you in the Site during the course of your use of the
Site is purely for informational purposes and for your convenience and does not
amount to endorsement of the product or services by Nykaa Fashion or any of its
associates in any manner.
Pricing & Payment Information
Nykaa Fashion strives to provide accurate product and pricing information, however
errors may occur.
Nykaa Fashion cannot confirm the price of the product until you make the order.
Without limiting the generality of Clause 9 (Cancellations, Refunds and Returns)
below, if a product / service is listed at an incorrect price or with incorrect information
due to any technical error, Nykaa Fashion shall have the right, at its sole discretion,
to refuse or cancel any orders placed for that product/ service, unless the product
has already been delivered or the service has already been availed by you. In the
event that an item is wrongly priced, Nykaa Fashion may, at its discretion, either
contact you for instructions or cancel your order and notify you of such cancellation.
Unless the product ordered by you has been delivered and the services are availed,
your offer will not be deemed accepted and Nykaa Fashion will have the right to
modify the price of the product/ service and contact you for further instructions using
the e-mail address provided by you during the time of registration or placing of order,
or cancel the order and notify you of such cancellation. In the event that Nykaa
Fashion accepts your order the same shall be debited to your credit card account,
debit card account or any mode through which the payment was made and duly
notified to you by email that the payment has been processed. The payment may be
processed prior to Nykaa Fashion’s dispatch of the product that you have ordered. If
we have to cancel the order after we have processed the payment, the said amount
will be reversed to your credit / debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED
OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR
NOTICE AND AT THE SOLE DISCRETION OF NYKAA FASHION. Nykaa Fashion
may revise and cease to make available any product/ services at any time. In the
event, Nykaa Fashion is unable to deliver the product to you on time or at all, you will
be notified by an e-mail and your order will be automatically cancelled due to
unavailability of the product or at your instructions due to failure to deliver the product
on the expected time of delivery by our delivery partners. Nykaa Fashion shall not be
liable to pay for any damages in such an event owing to cancellation of the order or
delay in delivery.
Payments for the products available on the Site may be made in the following ways
Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift
cards, Cash on Delivery and reward points.
Credit card, Debit Card and Net Banking payment options, Wallets, e-Gift cards
are instant payment options and recommended to ensure faster processing of your
Shipping & Delivery
We endeavour to dispatch your order within the time as committed on the product
page, however due to unforeseen circumstances, the dispatch of your order can take
up to  business days. You will be intimated via email upon dispatch of the order.
Once the order is dispatched, it normally takes [2-5] business days for delivery within
India and [7-10] business days for deliveries outside India. Unforeseen
circumstances on the logistics provider’s/Seller’s end may cause delays for which
Nykaa Fashion shall not be liable.
Customs & Import Duties Information for International Orders
You may be subject to import duties that are levied once the package reaches your
country. Additional charges for customs clearance must be borne by You; Nykaa
Fashion has no control over these charges and cannot predict what they may be.
Customs policies vary widely from country to country, you should contact your local
customs office for further information. Additionally, when ordering from Nykaa
Fashion, you are considered the importer on record and must comply with all laws
and regulations of the country in which you are receiving the merchandise.
The Chat Functionality has been provided to help you with any and all Site related
queries. Any use of this service shall be subject to the following conditions:
Nykaa Fashion may suspend the chat service at any time without notice.
Nykaa Fashion or its executives are not responsible for any delay caused in
attending to or replying to the queries via chat.
Communication through chat may be stored by Nykaa Fashion for future
reference, and the user of such service will not have the right to access such
information at any future date.
While 'chatting' you may not communicate any objectionable information i.e.
unlawful, threatening, abusive, defamatory, obscene information.
The chat room shall not be used to sell any products, to give suggestion on
business opportunity or any other form of solicitation.
You may proceed further and chat with our online customer care executive only if
you agree to the above terms and conditions.
The information, photo, image, chat communication, text, software, data, music,
sound, graphics, messages, videos or other materials transmitted, uploaded, posted,
emailed or otherwise made available to us ("User Content"), are entirely your
responsibility and we will not be held responsible, in any manner whatsoever, in
connection to the User Content. You agree to not encourage or assist or engage
others as well as yourself in transmitting, hosting, displaying, uploading, modifying,
publishing transmitting, updating or sharing any information that:
belongs to another person and to which the user does not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic,
paedophilic, libellous, 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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer resource;
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 any
Nykaa Fashion shall in no way be held responsible for examining or evaluating User
Content, nor does it assume any responsibility or liability for the User Content. Nykaa
Fashion does not endorse or control the User Content transmitted or posted on the
Site by you and therefore, accuracy, integrity or quality of User Content is not
guaranteed by Nykaa Fashion. You understand that by using the Site, you may be
exposed to User Content that is offensive, indecent or objectionable to you. Under no
circumstances will Nykaa Fashion be liable in any way for any User Content,
including without limitation, for any errors or omissions in any User Content, or for
any loss or damage of any kind incurred by you as a result of the use of any User
Content transmitted, uploaded, posted, e-mailed or otherwise made available via the
Site. You hereby waive all rights to any claims against Nykaa Fashion for any alleged
or actual infringements of any proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with User Content
You hereby acknowledge that Nykaa Fashion has the right (but not the obligation) in
its sole discretion to refuse to post or remove any User Content and further reserves
the right to change, condense, or delete any User Content. Without limiting the
generality of the foregoing or any other provision of these Terms and Conditions,
Nykaa Fashion has the right to remove any User Content that violates these Terms
and Conditions or is otherwise objectionable and further reserves the right to refuse
service and/or terminate accounts without prior notice for any users who violate these
Terms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in connection with our mobile
applications, please contact us by email at firstname.lastname@example.org and request
you to include the following personal information in your deletion request: first name,
last name, user name/screen name (if applicable), email address associated with our
Site and/or mobile applications, your reason for deleting the posting, and date(s) of
posting(s) you wish to delete (if you have it). We may not be able to process your
deletion request if you are unable to provide such information to us. Please allow up
to 30 business days to process your deletion request.
Intellectual Property Rights
The "Nykaa Fashion" name and logo and all related product and service names,
design marks and slogans are the trademarks, logos or service marks (hereinafter
referred to as "Marks") of Nykaa Fashion. All other Marks provided on the Site are
the property of their respective companies. No trademark or service mark license is
granted in connection with the materials contained on this Site. Access to this Site
does not authorize anyone to use any Marks in any manner. Marks displayed on this
Site, whether registered or unregistered, of Nykaa Fashion or others, are the
intellectual property of their respective owners, and Nykaa Fashion shall not be held
liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
Nykaa Fashion and its suppliers and licensors expressly reserve all the intellectual
property rights in all text, programs, products, processes, technology, content,
software and other materials, which appear on this Site, including its looks and feel.
The compilation (meaning the collection, arrangement and assembly) of the content
on the Site is the exclusive property of Nykaa Fashion and are protected by the
Indian copyright laws and International treaties. Consequently, the materials on this
Site shall not be copied, reproduced, duplicated, republished, downloaded, posted,
transmitted, distributed or modified in whole or in part or in any other form
whatsoever, except for your personal, non-commercial use only. No right, title or
interest in any downloaded materials or software is transferred to you as a result of
any such downloading or copying, reproducing, duplicating, republishing, posting,
transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs,
programs, music clips, downloads, video clips and written and other materials that
are part of this Site (collectively, the "Contents") are intended solely for personal,
non-commercial use. You shall not download or copy the Contents and other
downloadable materials displayed on the Site for your personal use. We also grant
you a limited, revocable, non-transferable, and non-exclusive license to create a
hyperlink to the home page of the Site for personal, non-commercial use only. The
Contents and software on this Site are to be used only as a shopping resource. Any
other use, including the reproduction, modification, distribution, transmission, re-
publication, display, or performance, of the Contents on this Site is strictly prohibited.
Unless Nykaa Fashion explicitly provides to the contrary, all Contents are
copyrighted, trademarked, trade dressed and/or other intellectual property owned,
controlled or licensed by Nykaa Fashion, any of its affiliates or by third parties who
have licensed their materials to Nykaa Fashion and are protected by Indian copyright
laws and international treaties.
Nykaa Fashion grants you limited, non-exclusive, non-transferable, non-
sublicensable license to access, and make personal and non-commercial use of the
retained by the Site and its affiliates.
Nykaa Fashion reserves the right, at any time, without notice, and at its sole
discretion, to terminate your license to use the Site and to block and prevent your
future access the Site.
Web Browser Cookies
Cookies are small pieces of information that are stored by a web server on a web
browser so it can be later read back from that browser. No personal information
about you is gathered or stored in the cookies by the Website and, as a result, none
as pixel tags and clear gifs to store certain types of information each time you visit
any page on our Website/Application. Cookies enable the Website/Application to
recognize the information you have consented to give to the Website/Application and
help us determine what portions of this Website/Application are most appropriate for
your personal needs. Most cookies are ‘session cookies’ meaning that they are
automatically deleted from your device at the end of a session.
your computer's settings, most likely your browser already accepts cookies. If you
choose to decline cookies, you may not be able to fully experience all features of the
website. You can also delete your browser cookies or disable them entirely. But this
may significantly impact your experience with our website and may make parts of our
website non-functional or inaccessible.
Third Party Services & Websites
Website/Application does not control the content or links that appear on the third-
party websites and is not responsible for the practices employed by these websites
linked to or from our Website/Application, even if users may find content on our site
that links to the sites and services of our partners, suppliers, advertisers, sponsors,
licensors and other third parties. In addition, these sites or services, including their
content and links, may be constantly changing. These sites and services may have
their own privacy policies and customer service policies. Browsing and interaction on
any other website, including websites which have a link to our Website/Application, is
subject to that website’s own terms and conditions.
You, on your risk and volition entirely, are advised to deal with the services of our
partners, suppliers, advertisers, sponsors, licensors and other third parties if you
intend to. By allowing such advertisements, Nykaa Fashion does not recommend or
market or warranty the advertisers, the quality, commitment, deliverables, fitness for
consumption, reasonability of their products/services or the advertisers’ commitment
to protect your Personal Information.
Representations & Warranties
This Site is provided to you "AS IS". We make no representations regarding the use
of or the result of the use/depiction of the Contents on the Site in terms of their
correctness, accuracy, reliability, or otherwise. Nykaa Fashion shall not be liable for
any loss suffered in any manner by the user as a result of depending directly or
indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is provided only on the basis set out in the Terms of
Use. Your uninterrupted access or use of this Site on this basis may be prevented by
certain factors outside our reasonable control including, without limitation, the
unavailability, inoperability or interruption of the internet or other telecommunications
services or as a result of any maintenance or other service work carried out on this
Nykaa Fashion shall have the right, at any time, to change or discontinue any aspect
or feature of the Site, including, but not limited to, content, hours of availability and
equipment needed for access or use. Further, the Site may discontinue
disseminating any portion of information or category of information. Nykaa Fashion
does not accept any responsibility and will not be liable for any loss or damage
whatsoever arising out of or in connection with any ability/inability to access or to use
Nykaa Fashion makes no representation and takes no responsibility for the accuracy,
completeness, appropriateness or usefulness of the Information.
In keeping with Nykaa Fashion’s objective of providing \its users with general
information about the Garments, Accessories, etc., Nykaa Fashion engages experts
having knowledge of in their respective fields ("Experts") to respond to queries
posted by users. Any information provided by the Experts, either over the Site,
through e-mails, chat rooms or on social networking sites, including the Site's
Facebook page (collectively referred to as "Expert's Opinion") is based on the
Experts personal opinion.
For any general information posted on the Site, users must not infer or assume that
such information necessarily applies to them.
Disclaimer of Warranty and Limitation of Liability
THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING,
SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND
CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES,
PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY
CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY,
LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A
RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON
THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY
OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING
HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES
OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE
CONTROL OF NYKAA FASHION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT
DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR
OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE
FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE
OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN
NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED
TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE
BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION
RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE
WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE
OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION,
LIABILITY, OR RESPONSIBILITY TO YOU.
Links and Third Party Sites
References on the Site to any names, marks, products or services of third parties or
hypertext links to third party sites or information are provided solely as a convenience
to you. This does not in any way constitute or imply Nykaa Fashion endorsement,
sponsorship or recommendation of the third party, information, product or service or
any association and relationship between Nykaa Fashion and those third parties.
Nykaa Fashion is not responsible for the content of any third-party sites and does not
make any representations regarding the content or accuracy of material on such
sites. If you decide to link to any such third-party websites, you do so entirely at your
own risk. Nykaa Fashion do not assume any responsibility for examining or
evaluating the offerings of the off-websites pages or any other websites linked from
the Site. We shall not be responsible for the actions, content, products, or services of
such pages and websites, including, without limitation, their privacy policies and
terms and conditions. You should carefully review the terms and conditions and
privacy policies of all off-website pages and other websites that you visit via the Site.
and may do so without notice, and accordingly deny you access to the Site, such
termination will be without any liability to the Site
promptly destroy all materials downloaded or otherwise obtained from this Site, as
to pay for the product already ordered from the Site or affect any liability that may
You agree to defend, indemnify and hold harmless Nykaa Fashion, its employees,
directors, officers, agents and their successors and assigns, its holding, subsidiaries,
affiliates, partners, or licensors from and against any and all claims, liabilities,
damages, losses, costs and expenses, including attorney's fees, caused by or arising
out of claims based upon your actions or inactions, which may result in any loss or
liability to Nykaa Fashionor any third party including but not limited to breach of any
warranties, representations or undertakings or in relation to the non-fulfilment of any
applicable laws, regulations including but not limited to Intellectual Property Rights,
payment of statutory dues and taxes, claim of libel, defamation, violation of rights of
privacy or publicity, loss of service by other subscribers and infringement of
intellectual property or other rights. This clause shall survive the expiry or termination
Governing Law & Jurisdiction
applicable laws of India. For proceedings arising therein the Courts at Mumbai shall
have exclusive jurisdiction.
and other Policies on the Site, between the parties hereto, shall be referred to an
independent arbitrator who will be appointed by mutually and his decision shall be
final and binding on the parties hereto. The above arbitration shall be in accordance
with the Arbitration and Conciliation Act, 1996 as amended from time to time. The
seat of arbitration shall be held in Mumbai.
Without any prejudice to particulars listed in Clause 13 above, Nykaa Fashionshall
have the right to seek and obtain any injunctive, provisional or interim relief from any
court of competent jurisdiction to protect its trade-mark or other intellectual property
rights or confidential information or to preserve the status quo pending arbitration.
Nykaa Fashionmakes no representation that any products, services and materials
displayed on the Site are appropriate or in compliance with laws for use in other
locations/countries other than India. Those who choose to access this Site from other
locations/countries other than India do so on their own initiative and Nykaa
Fashionshall not be responsible for supply of products/refund for the products
ordered from other locations/countries other than India, compliance with local laws
including custom duty, taxes, import regulations etc., if and to the extent local laws
You are prohibited from violating or attempting to violate the security of the Site,
including, without limitation
accessing data not intended for you or logging onto a server or an account which
you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization;
attempting to interfere with service to any other user, host or network, including,
without limitation, via means of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mail bombing" or "crashing;"
sending unsolicited email, including promotions and/or advertising of products or
forging any header or any part of the header information in any email or
newsgroup posting. Violations of system or network security may result in civil or
Nykaa Fashionis entitled to investigate occurrences that may involve such violations
and may involve, and co-operate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not to use any device, software
or routine to interfere or attempt to interfere with the proper working of this Site or any
activity being conducted on this Site. You agree, further, not to use or attempt to use
any engine, software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or
search this Site other than the search engine and search agents available from
Nykaa Fashionon this Site and other than generally available third-party web
browsers (e.g., Netscape Navigator, Microsoft Explorer)
pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be
deemed to be superseded by a valid, enforceable provision that most closely
constitutes the entire agreement between you and Nykaa Fashionwith respect to the
Site/services and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written.
Nykaa Fashion’sfailure to act with respect to a breach by you or others does not
waive its right to act with respect to the breach or subsequent and similar breaches
You acknowledge and hereby agree to these Terms and Conditions and that it
constitute the complete and exclusive agreement between us concerning your use of
the Site, and supersede and govern all prior proposals, agreements, or other
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and
Conditions at any time by posting the changes on the Site. Any changes are effective
immediately upon posting to the Site. Your continued use of the Site thereafter
constitutes your agreement to all such changed Terms and Conditions. We may, with
or without prior notice, terminate any of the rights granted by these Terms and
Conditions. You shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any
agency, partnership, or other form of joint enterprise between us. Our failure to
require your performance of any provision hereof shall not affect our full right to
require such performance at any time thereafter, nor shall our waiver of a breach of
any provision hereof be taken or held to be a waiver of the provision itself. In the
event that any provision of these Terms and Conditions shall be unenforceable or
invalid under any applicable law or be so held by any applicable arbitral award or
court decision, such unenforceability or invalidity shall not render these Terms and
Conditions unenforceable or invalid as a whole but these Terms and Conditions shall
be modified, to the extent possible, by the adjudicating entity to most fully reflect the
original intent of the parties as reflected in the original provision. The headings in the
Terms and Conditions are for convenience only and shall not be used in its
If you have any questions regarding these Terms and Conditions, please email us at
Please contact us for any questions or comments (including all inquiries unrelated to
copyright infringement) regarding this website.