Terms & Conditions
This page states the Terms and Conditions under which you (Visitor) may visit this Web site http: www.vanitycask.com (hereinafter referred to as ‘Website’). The Website www.vanitycask.com is owned and controlled by Vanitycask Tech PVT. LTD.(Vanitycask).
Please read this page carefully. If you do not accept the Terms and Conditions stated herein, we request you to exit the Website, as acceptance of these Terms is precondition for accessing the Website. VANITYCASK, reserve their respective rights to revise these Terms and Conditions at any time by updating this post. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all Visitors of this Website. In using www.vanitycask.com service, you are deemed to have accepted the Terms and Conditions listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access the website.
The following definitions apply to these Terms and Conditions, Privacy Statement and any or all Agreements:
“Content” shall mean to include but not limited to information, data, text, software, sound, images, graphics, video, messages and applications;
"Customer", “Visitor”, “User”, “You” and “Your” refers to you, the person accessing this website & the Service.
‘VANITYCASK’ refers to Vanitycask Tech PVT. LTD.’, a company incorporated under the provisions of Companies Act, 1956 having its registered office at 403, Phoenix Building, 457, SVP Road, Opera House, Mumbai 400 004, Maharashtra, India, and includes its successors and assigns.
“Service(s)” shall mean website www.vanitycask.com and all the services offered on the Website which VANITYCASK may offer to its Users. The Vanitycask essentially provides the services of delivering to its users a package of samples of beauty products of various brands on subscription basis, after evaluating the products that may best suit to the users.
“Terms” shall means the terms and conditions set out herein;
“Third Party Service” shall means any service or content, whether related or similar to our Services, which is provided by VANITYCASK in collaboration with a third party; or which is provided to VANITYCASK by a third party to enable VANITYCASK to provide the Services; or which may be used in conjunction with our Services;
“Use” shall include (without limitation) accessing, or viewing a Service/ the Website and/ or using the Service by subscribing to various subscription packs of vanitycask;
“we”/”us” /”our” shall mean VANITYCASK.
You accept that VANITYCASK shall be corresponding with you in an electronic mode and for which you have already consented by accessing this Website. Communication from VANITYCASK shall be by means of an e-mail or by posting any notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communication to be in writing.
• ELIGIBLITY FOR USE OF WEBSITE:
Use of www.vanitycask.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use www.vanitycask.com only with the involvement of a parent or guardian..
IF A PARENT REVOKES CONSENT AT ANY TIME, WE MAY STOP A CHILD’S PARTICIPATION IN AN ACTIVITY ON THE WEBSITE.
If you are not a Resident Indian, you may access, use and avail of the Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you are not violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify VANITYCASK against any liability incurred by VANITYCASK in this regard.
In order to access the Website, you may be required to provide certain details including your name, address, email address, age, details of parents, etc.
If you are under 18 years of age, you shall be liable to provide email address of your parents, who shall be responsible to supervise your access to the Website.
• You agree to:
Provide true, accurate, current and complete information about yourself and your parents, if required. All information about you must be truthful, and you shall not use any aliases or other means to mask your true identity.
The User is bound by the Terms from the earlier of the date on which the User:
a) Accept the Terms;
b) Start using a Service / access the Website; and
c) For as long as the User uses a Service.
• THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US:
Vanitycask offers three subscription types: Monthly Subscriptions, Two Months Subscription and Quarterly subscriptions.
a) One Month Subscriptions:
By purchasing a one month Subscription, you acknowledge that your subscription has a one time initial payment feature.
b) Three Months Subscriptions:
By purchasing a Three Months Subscription, you acknowledge that your subscription has an initial payment feature. Your subscription will be delivered over a period of three successive months. To cancel your Subscription at any time, you must email us at [email protected] and we will process the cancellation for you. If you cancel, you may use your subscription until the end of your then-current subscription term. VanityCask may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your subscription. Such notice will not affect charges submitted before VanityCask reasonably could act.
c) Six Months Subscriptions:
By purchasing a Six Months Subscription, you acknowledge that your subscription has an initial payment feature. Your subscription will be delivered over a period of six successive months. To cancel your Subscription at any time, you must email us at [email protected] and we will process the cancellation for you. If you cancel, you may use your subscription until the end of your then-current subscription term. VanityCask may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your subscription. Such notice will not affect charges submitted before VanityCask reasonably could act.
• INTELLECTUAL PROPERTY RIGHTS:
You acknowledge and agree that the all the materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Website are the property of Vanitycask or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on Website. Vanitycask and its logo are registered trademarks of Vanitycask Tech Pvt. Ltd. All other trademarks are the property of their respective owners. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms are reserved by Vanitycask
• Disclaimer – No Professional Advice:
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Website. Use of the Website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate. The Products provided by us include body care, skin care and hair care products. We do not guarantee that any particular product may be suitable to you. Further, a user may be allergenic to any drug or any ingredient of the beauty product and hence we strongly advise you to consult your doctor before trying any of the Product available on our Website and/or delivered to you
• Warranty and Liability:
Vanitycask.com does not warrant and shall not be responsible for the damage arising out of the use of the products listed on its Website. If a product delivered to you is different than as described on the website, vanitycask.com is liable only to change the product. Vanitycask is not responsible for delays arising out of force majeure or reasons beyond its control.
• For Products Damaged in Transit:
Before each vanitycask is shipped, we do several levels of rigorous quality checks to eliminate the chances of a damaged product being shipped. In the rare event that a product from your vanitycask is accidentally damaged in transit, we will happily replace it with another piece of the same. Please note that the issue has to be communicated to us within 48 hours of delivery of your vanitycask via an email to [email protected] with a picture of the damaged product. We require this to source a replacement from our brand partners that we then ship out to you. In any case, a used product cannot be replaced.
• For Repeated Products:
While shipping your subscription vanitycask, we ensure that the same product is never sent to the same member twice. As the only way we can identify a member is though the unique email address, if a member places multiple orders through different email addresses, we will not be able to track duplicates and guarantee unique products across different subscriptions. In the rare event that the same products are sent to the same member (as identified by the unique email address), we will happily replace the product with another one, provided. the issue has to be communicated to us within 48 hours of delivery of your vanitycask via an email to [email protected] with a picture of the repeated product. It is imperative that such repeated product should not have been opened / used by you.
• ADDRESS CHANGE REQUESTS:
We accept address changes for a month's vanitycask before 27th of the previous month. For timely shipping and operational reasons, we will not be able to accept any address changes after this date as your cask would have already been processed. If you are unlikely to be available at the address on record, you can drop in a request for us to hold your shipment and ship it out with the next month's delivery.
• RETURNED VANITYCASK:
For orders that are returned to us due to inability of the member to accept the parcel (member unavailable, out of station, incomplete address, member shifted, etc.) we will reship the cask with the next month's vanitycask. For members who would like the vanitycask to be shipped again during the same month, they can avail the reshipping service at a nominal additional "Reshipping and Handling" fee of Rs. 100/- All Cash-on-Delivery orders that are returned to us are reshipped only after the payment for the same is made online.
• NO SIMPLICITOR REPLACEMENT:
The vanitycasks are curated by our experts based on your beauty profile and therefore, we will not be able to simplicitor replace the samples in the box in the event that you do not like it. In the event of a product sample, being damaged in transit, we may be able to replace the sample with another piece of the same, provided the issue is communicated to us within 48 hours of delivery of the vanitycask.
• REFUND POLICY:
We only do replacement in case of damaged or repeated products. We do not refund the subscription fee. However, in rarest of rare case at our discretion, we may issued a Refund CHeque which will be deposited in your bank account in case of Cash on Delivery orders. The cheque will be made in favour of the “Billing Name” you used when placing the order. In case of prepaid orders through Net Banking, Debit Card or Credit Card, the amount will be transferred back into the bank account from which it was paid.
• YOUR FEEDBACK:
The use of the Website may require you to share your views, feedback, and suggestions with respect to the Service of the Website. The feedback will be obtained through various sources such as from the Website, emails, Social Media Platforms, etc. Please note that there is no compulsion for sharing your views, suggestions, feedback, etc. and if you do so, the same will be at your own liking and with specific understanding that as soon as such views, feedback and suggestions are/is shared with us, the same shall amount to property of VANITYCASK. However, VANITYCASK disclaims any views or suggestions if they cause breach to any applicable law. Please also note that VANITYCASK shall use the views, suggestions so shared by you, at its discretion and there will be no liability on VANITYCASK to act in accordance with such views and suggestions shared with VANITYCASK.
You understand and agree that if VANITYCASK acts on the basis of any of the views or suggestions shared by you, you shall not claim any right of property therein.
You acknowledge and agree that content you view or post on the Website is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You further acknowledge and agree that the views expressed by you or other users on the Website do not necessarily reflect the views of VANITYCASK, and VANITYCASK does not support or endorse any content posted by you or any user.
• BRAND AMBASSADOR AND CELEBRITIES:
VANITYCASK may engage one or more celebrities to promote the initiative of Vanitycask, which is to build a participative website. In doing so, VANITYCASK will use autograph, likeness, photograph, portrait, Caricature, voice, silhouette, videos of the celebrities. Either VANITYCASK or respective celebrity will hold all the intellectual property rights in such material, as the case may be.
You are strictly not allowed to modify, copy, distribute, transmit, display, reproduce, publish, license, sell or transfer or misuse any such material pertaining to the celebrities including but not limited to autograph, likeness, photograph, portrait, Caricature, voice, silhouette, videos.
VANITYCASK and Celebrities / brand ambassador may use their email accounts or social media accounts including but not limited to facebook, twitter, etc. to promote the Website or effective use of the Website. All the intellectual property in such email accounts or social media account either lies with the social media or the user of it.
You shall not associate such social media accounts of VANITYCASK and that of celebrities associated with Vanitycask with any illegal or immoral material including foul language, racial slurs, derogatory comments, discriminatory comments , sexually explicit content, or content that promotes obscenity, pedophilia, racism, unsolicited junk messages, hatred messages, any abusive, threatening, obscene, defamatory or libelous content, any content causing infringement of rights of third party including intellectual property rights, privacy rights,, any commercial activity, gambling activity, viruses.
• RESTRICTED USE:
1. You can use the Website for your own noncommercial personal use and in compliance with these Terms.
2. You are not allowed to modify, copy, distribute, transmit, display, reproduce, publish, license, sell or transfer any information contained in this Website.
3. You shall not access this Website and operate on any fake e-mail id for the purpose of gaining access into this Website.
4. You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
6. Any information provided by you on this Website shall not be misleading in any way.
7. You shall not post or transmit content, (even if made in a joking, sarcastic or unintended manner), if it in any way:
8. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
9. harasses or advocates harassment of another person;
10. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
11. hatred messages;
12. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
13. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
14. promotes an illegal or unauthorized copy of another person's copyrighted work;
15. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
16. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
17. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
19. solicits gambling or engages in any gambling activity which VANITYCASK, in its sole discretion, believes is or could be construed as being illegal;
20. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
21. interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services; or
22. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures
• You understand that VANITYCASK has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
• It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. VANITYCASK does not approve of such unauthorized use or acts. You acknowledge and agree that VANITYCASK is not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
• You shall not use this Website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
• LINKS TO/FROM OTHER WEB SITES:
This Website contains links to other third party websites. These links are provided solely as a convenience to you. Wherever such link/s may lead to sites which do not belong to VANITYCASK, VANITYCASK is not responsible for the content of linked sites and does not make any representations regarding the correctness or accuracy of the content on such third party websites. If you decide to access such linked third party websites, you do so at your own risk.
Similarly, this Website can be made accessible through a link created by other third party websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other third party websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of this Website or that such links have been authorised by VANITYCASK. We are not responsible for any representation/s of such other third party websites while affording such link and no liability can arise upon VANITYCASK consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any third party website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website is utilized to visit this Website and such event is brought to the notice or is within the knowledge of VANITYCASK, civil or criminal remedies as may be appropriate shall be invoked.
You shall not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
• CONFIGURATIONS AND MINIMUM ESSENTIALS:
VANITYCASK does not expressly recommend any particular software, operating system, application to use and access this Website. If for any particular reason, the Website does not open or is unable to be displayed in full in the Visitor’s computer, then VANITYCASK shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access this site; though latest standards cannot be defined or categorized.
VANITYCASK also reserves the right to change the software and hardware which is required to gain access to the Website without prior notice to the User and it shall not be the responsibility of VANITYCASK if the User computer system is incompatible with the software and hardware changes.
• CONTESTS AND REWARDS:
VANITYCASK may organize various contests / promotions for the Visitors of this Website. The Visitor participating in the contest / promotional offers might stand chance to win the contest or avail the offer. As per the terms of respective contest or promotion, VANITYCASK may give Prizes to the Winners of contest or promotion. VANITYCASK reserves the right in its own discretion to select the winner or Visitor eligible to be awarded and which decision shall be full, final and binding on the participants. The award or offer given away by VANITYCASK is not transferable and neither can be converted in cash. The Visitor will be notified by VANITYCASK and only the participating visitor (himself / herself) shall be eligible to claim the same from VANITYCASK.
The award or offer will be non-transferable, non-negotiable, subject to availability and there will be no cash alternative. VANITYCASK reserves the right to substitute awards or offers of equal or greater value, at any time.
Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time to time, arising out of the Prizes, shall be solely borne by the Winner for the respective Prize won.
• FRAUD PROTECTION:
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
AS PROVIDED ABOVE, ALL INFORMATION, TECHNOLOGY AND SERVICE PROVIDED SHALL, AT ALL TIMES, BE ON A "AS IS" AND "AS AVAILABLE" BASIS AND VANITYCASK HEREBY STATES THAT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR ITS OPERATION IS NOT UNDERTAKEN BY VANITYCASK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VANITYCASK DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. VANITYCASK MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM COMPUTER VIRUS OR ERROR FREE.
VANITYCASK DOES NOT WARRANT OR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICE IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS AND USE OF THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND 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 ANY SUCH MATERIAL.
ALTHOUGH VANITYCASK ADOPTS SECURITY MEASURES IT CONSIDERS APPROPRIATE FOR THE OFFER OF THIS SERVICE, IT DOES NOT ASSURE OR GUARANTEE THAT NO PERSON WILL OVERCOME OR SUBVERT THE SECURITY MEASURES AND GAIN UNAUTHORISED ACCESS TO THE SERVICE OR ANY CUSTOMER’S ACCOUNTS. VANITYCASK SHALL NOT BE RESPONSIBLE OR LIABLE IF ANY UNAUTHORISED PERSON HACKS INTO OR GAINS ACCESS TO THE SERVICE OR TO YOUR ACCOUNTS; AND YOU SHALL BE LIABLE AND RESPONSIBLE FOR THE SAME.
THIS DISCLAIMER OF LIABILITY APPLIES ALSO TO ANY INJURY OR DAMAGE CAUSED BY ANY FAILURE OF PERFORMANCE, DELAY IN PROCESSING OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
VANITYCASK SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED, OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT VANITYCASK IS NOT RESPONSIBLE FOR ANY CONTENT, DATA, INFORMATION SENT USING AND/OR INCLUDED IN THE SERVICE BY ANY THIRD PARTY.
PLEASE NOTE THAT ANY ADVERTISEMENT AND PROMOTIONAL ACTIVITY CARRIED OUT BY VANITYCASK WITH REGARD TO THE WEBSITE IS ONLY FOR THE PURPOSE OF INFORMING THE PUBLIC AT LARGE ABOUT THE AVAILABILITY OF THE SERVICES OF VANITYCASK. YOU ARE REQUIRED TO CONFIRM THAT YOUR USE OF THE WEBSITE DOES NOT BREACH ANY APPLICABLE LAW, RULE OR REGULATION. SUCH ADVERTISEMENT OR PROMOTIONAL ACTIVITY SHOULD NOT BE TERMED AS AN INVITATION TO USE THE SERVICE, SPECIFICALLY IF SUCH USE AMOUNTS TO DEFAULT OR BREACH OF APPLICABLE LAW.
• LIMITATION OF LIABILITY:
IN NO EVENT SHALL VANITYCASK OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS SUBSCRIPTION AGREEMENT OR (i) THE USE OF OR INABILITY TO USE ANY SERVICE; (ii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE; WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VANITYCASK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, VANITYCASK SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND VANITYCASK’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
VANITYCASK MAY NOT ALSO GIVE THE USER NOTICE OF ANY INTERRUPTION OF A SERVICE DUE TO MAINTENANCE.
You hereby agree to indemnify and hold VANITYCASK, its subsidiaries, affiliates, syndicators, officers, directors and employees, harmless from any loss suffered by VANITYCASK as a result of a breach of the terms and conditions of use of the Website by you and from any claim brought by third parties alleging that use of the Service by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation. You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against VANITYCASK arising from such claims, and shall provide VANITYCASK with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
VANITYCASK may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to VANITYCASK.
If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
• NOTICES, TRANSACTION RECORDS AND ELECTRONIC DISCLOSURES:
Notices to you may be made via either email or by delivery by hand /regular mail to the address provided by you.
VANITYCASK may be required to provide to you certain disclosures and notices, which are mandated by various laws and rules. You acknowledge and agree to receive all such disclosures and notifications electronically, which, in most cases, will be done through the Internet. If, for any reason, you do not wish to receive the disclosures electronically, you must advise VANITYCASK immediately. In such an event, VANITYCASK reserves the right to discontinue/terminate the provision of the Service to you, in whole or in part.
You acknowledge that VANITYCASK shall have no liability or obligation to keep a record of the transactions carried through the Service and/or to provide information to you or for verifying your Payment Instructions, other than records required to be kept or information required to be provided statutorily by VANITYCASK.
• GOVERNING LAW:
The laws of India govern these terms and conditions and the courts of Mumbai shall have exclusive jurisdiction.
VANITYCASK accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that you are in a country other than India accesses the Service does not imply that the laws of that country govern these terms and conditions or the use of the Service.