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TERMS AND CONDITIONS

TERMS OF USE

The Website / Mobile App is currently owned and operated by AARNA

VENTURES

These Terms of Use agreement was last updated on 17.08.2021

These Terms of Use agreement is effective as of 17.08.2021

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.

Company makes no claim that the Website is suitable or available for use in areas other than those in which Company operates. The information on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country/region where such distribution or use would be prohibited by law or regulation, or where Company would be required to register under the laws of such jurisdiction or country/region. As a result, individuals who visit the Website from other areas do so at their own risk and are entirely responsible for complying with local laws, if and to the extent that local laws apply.

 ACCEPTANCE OF TERMS

  1. The terms and conditions set forth below (“Terms of Use”) and the

Privacy Policy (as defined below) constitute a legally binding agreement between AARNA VENTURES, NAYLYST BEAUTY, and you.

These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in

  • (i) the NAYLYST BEAUTY website and mobile application, including allcontent and services offered by NAYLYST either directly or through any third party (“Service Professional”) through the domain and subdomains of NAYLYST BEAUTY located at www.naylyst.com (collectively referred to herein as the “Website”), and
  • (ii) the online transactions between NAYLYST and those users (each, a “Client”) of the Website who are purchasing products & services (such products & services, collectively, the “PRODUCTS”) through the Website. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website.

You acknowledge that the Website serves as a venue for the online distribution and publication of information relating to the PRODUCTS AND SERVICES being offered by NAYLYST BEAUTY, either directly or through any third party Service Professional, and by using, visiting, registering for, and/or otherwise participating in this Website, including the Products & Services presented, promoted, displayed & sold on the Website, and by clicking on “I have read and agree to the terms of use,” you hereby certify that:

  • (1) you are a prospective Client,
  • (2) you have the authority to enter into these Terms of Use,
  • (3) you authorize the transfer of payment for Products & Services availed of / purchased through the use of the Website, and
  • (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not agree to any of the provisions set forth in the Terms of Use, to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Webs kindly discontinue viewing or participating in this Website immediately.

By using the website, you expressly acknowledge that you are at least 18 years old and legally capable of entering into a legally binding and enforceable contract.

All references to “you” or “your” relate to the person who accesses, uses, and/or engages in the Website in any way, including any third party for whom you may have purchased Products & Services. If you use the Website or create an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business, and your acceptance of the Terms of Use will be deemed an acceptance by that business, with the terms “you” and “your” referring to that business.

Be it recorded that this document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the NAYLYST BEAUTY marketplace platform (hereinafter referred to as “NAYLYST”). You shall at all times ensure full compliance with the applicable provisions of the

Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and

Your product or service listing, purchase, solicitation of purchase offers, and sale. You shall not conduct any transaction in an item or service that is prohibited by the requirements of any relevant legislation, including current exchange control laws or regulations.

  1. Modifications To Terms Of Use And/or Privacy Policy : NAYLYST reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and NAYLYST will post notice of the changes and the amended Terms of Use at the domain of https://naylyst.com/pages/terms-conditions. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website
  2. Privacy Policy: NAYLYST has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

COOKIES, MEMBERSHIP AND ACCESSIBILITY

  1. License To Access: NAYLYST hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that
    • (i) you will not copy, distribute, or make derivative works of the Website in any medium without NAYLYST’s prior written consent;
    • (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and
    • (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
  2. Registration / Account Holder Eligibility Criteria: Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that:
    • (a) all registration information that you submit is truthful and accurate,
    • (b) you will maintain the accuracy of such information, and
    • (c) your use of the Website and Services offered through thisWebsite do not violate any applicable law or regulation.

Any person may access the Website and the Products posted on the Website, either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website may provide some benefits/promotional offers that are only available to registered users and that may vary from time to time at the Website’s sole discretion. All terms and conditions of use of the website apply even if you visit / use the website as a ‘GUEST’ without registering an account.

If we, in our sole judgement, think that you are under the age of 18 or that you are not complying with any relevant laws, rules, or regulations, or if you are violating the website’s terms of use, your Account (defined below) may be cancelled without notice.

You do not need to register with NAYLYST to merely browse and see the

Website; however, you will need to create a password-protected account (“Account”) in order to access and participate in some aspects of the Website.

To create an account, go to the account registration page on the Website / Mobile App and enter your name and email address, as well as establish a password. You will also have the option of entering other optional information that is not necessary to create an account but may assist NAYLYST in providing you with a more personalised experience when using the Website

You are entirely responsible for maintaining the security of your NAYLYST password (“Password”) at all times. You are entirely responsible for any activity on your Account and must verify that you have properly logged out of your account at the end of each session. Any breach of security or unauthorised use of your Account must be reported promptly to NAYLYST. You must never use another person’s account without NAYLYST’s consent. You agree not to misrepresent yourself or pose as another user of the Website and/or the Services provided through the Website.

You hereby expressly acknowledge and agree that you yourself and not

NAYLYST will be liable for your losses, damages etc. (whether direct or indirect) caused by unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of NAYLYST or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered User.”

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

You will not copy or distribute any part of the Website in any medium without NAYLYST’s prior written authorization.

You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.

You shall not use any automated system, including but not limited to,

“robots,” “spiders,” “offline readers,” “scrapers,” “deep-link”, “page-scrape”, etc or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website for any purpose without NAYLYST’s prior written approval.

You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You shall not in any manual or automated manner collect information relating to Products, Services, Professionals or Clients, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third-party sites.

You shall not in any way, in a given period of time, transmit more request messages to the NAYLYST servers, or any server of a NAYLYST subsidiary or affiliate, than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NAYLYST reserves the right to revoke these exceptions either generally or in specific cases.

You shall not recruit, solicit, or contact in any form, Product Manufacturers, Service Professionals or employees of NAYLYST, for employment or contracting for a business not affiliated with NAYLYST without express written permission from NAYLYST.

You shall not take any action that

  • (i) unreasonably encumbers or, in NAYLYST’s sole discretion, may unreasonably encumber the Website’s infrastructure;
  • (ii) interferes or attempts to interfere with the proper working of the

Website or any third-party participation in the Website; or

  • (iii) bypasses NAYLYST’s measures that are used to prevent or restrict access to the Website.

You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable NAYLYST regulations, guidelines and additional policies that NAYLYST may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that NAYLYST publishes on the Website (the “Additional Policies”). You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership/registration eligibility criteria or Additional Policies, NAYLYST in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

  1. Saved Information: Upon your access/use of the Website, the following information shall be submitted by you and stored in our servers:
  • Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality, and content.
  • Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services.
  • Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Website.
  • User IDs: Your usernames, passwords, email addresses, contacts, accounts including third-party accounts and other security-related information used by you in relation to our Services.
  • Technical data such as your IP-address, Device ID, Device

Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your computer and/or your mobile device.

  • Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents, etc.

The above-mentioned data is collected and preserved for maximizing the efficiency of the services being provided through the website and also to resolve/upgrade technical issues relating to the use of the Website. Such information may also be preserved for the purposes of tax or regulatory compliance and to monitor your use of our Services in order to ensure your compliance with our Terms of Service.

NAYLYST ensures the highest degree of data security while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS) and storage in encrypted form on secure servers. However, in spite of all security measures, NAYLYST cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Website is at your own risk and in case of any breach or in case of any consequences or losses (whether direct or indirect), NAYLYST shall not be held responsible or liable for the same in any manner whatsoever.

NAYLYST will install a tiny text file (COOKIE) on the User’s browser device to enable different elements of the Website, record user preferences, and track user trends, all in order to improve the User’s interactive experience and our Services to you. You may adjust your cookie settings in your browser to allow or reject cookies. If you accept a “cookie,” you agree to allow us to utilise any Personal Information we gather through that Cookie. Unless your device settings are adjusted to ‘not accept’ cookies, you are assumed to have accepted “cookies.”

MEMBER CONDUCT

  1. Prohibitions On Submitted Content: You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”) or the posting of any opinions or reviews in connection with the Website, the Service, the

Products, the Product Manufacturers / Producers, the Service Professional (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

  • contains falsehoods or misrepresents the source of anything you post, including impersonation of another individual or entity;
  • provides or create links to external sites that violate the Terms of Use;
  • is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way;
  • invades anyone’s privacy in any manner whatsoever, without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage

NAYLYST or any third party;

  • is pornographic, harassive, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
  • promotes or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant NAYLYST all of the license rights granted herein;
  • contains any harmful virus or intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited to spamming; impersonates, uses the identity of, or attempts to impersonate a NAYLYST employee, agent, manager, host, another user, or any other person through any means; advertises or solicits a business not related to or appropriate for the Website (as determined by NAYLYST in its sole discretion);
  • contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing” unsolicited commercial advertisement, contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  1. No Discrimination: Any preference, limitation, or discrimination based on race, colour, religion, sex, national origin, age, disability, or other protected class is prohibited under Indian law. NAYLYST will not knowingly accept any Posting that is illegal in any way. NAYLYST has the right, in its sole discretion and without prior notice to you, to immediately remove any posting that discriminates or is in any way in violation of any law.
  2. RULES FOR CUSTOMERS / CLIENTS :

Clients / Customers Shall Not :

  • (a) Commit to purchasing or using a Product or Service without paying;
  • (b) Sign up for, negotiate a price for, use, or otherwise solicit a Product or Service with no intention of following through with your use of or payment for the Product or Service;
  • (c) Misuse any options made available now or in the future by NAYLYST in connection with the use or purchase of any Product or Service.
  • (d) Hold NAYLYST responsible for any losses (direct or indirect) or consequences arising out of the use of the Website or purchase/use of any Product or Service through the Website.
  1. USE OF SUBMITTED CONTENT :
  2. No Confidentiality: The Website may currently or in the future allow you and other users to contribute videos or other communications, such as Your Profile, your Offer, your Wants, any Feedback, and any Submitted Content, as well as the hosting, sharing, and/or publication of such

Submitted Content. You acknowledge that, regardless of whether such Submitted Content is published or not, NAYLYST cannot guarantee the confidentiality of any Submitted Content.

NAYLYST may also disclose user information including personal information if NAYLYST reasonably believes that disclosure

  • (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority,
  • (ii) would potentially mitigate NAYLYST’s liability in an actual or potential lawsuit,
  • (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity,
  • (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or
  • (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
  1. Your Representations And Warranties: You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. You agree to pay for all royalties, fees, and any other monies owing to any person/entity by reason of any Submitted Content posted by you to or through the Website.
  2. Your Ownership Rights And License To NAYLYST: You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to NAYLYST for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to NAYLYST a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and NAYLYST’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels.
  3. NAYLYST Disclaimers And Right To Remove
    • NAYLYST does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and NAYLYST expressly disclaims any and all liability in connection with all Submitted Content.
    • You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that NAYLYST is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content.
    • NAYLYST may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
    • Suggestions : If you send or transmit any communications, comments, questions, suggestions, or related materials to NAYLYST, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and NAYLYST is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions.
    • Reporting Of Issues: It is the constant endeavor of NAYLYST to keep its system security and to make the Website a safe place for Clients to browse. However, in the rare case when some security researcher or member of the general public identifies a vulnerability in the systems and responsibly shares the details of it with NAYLYST, such contribution is appreciated and such issues are addressed with sincere urgency. If the vulnerability is identified in any of the properties of the Website (or on any connected Server, etc), the identifier may contact NAYLYST immediately by sending an email to contact@NAYLYSTBeautys.com with the necessary details to recreate the

vulnerability scenario. This may include screenshots, videos or simple text instructions.

  1. COPYRIGHT INFRINGEMENT :

NAYLYST has high regard for intellectual property and expects the same level of standard to be employed by its users. NAYLYST may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

MODIFICATION OR CESSATION OF WEBSITE

NAYLYST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that NAYLYST shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the services offered by NAYLYST.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (exclusive of all Submitted Content), including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by NAYLYST.

NAYLYST  and NAYLYST BEAUTY’S logo are registered trademarks of AARNA VENTURES.

All other (registered or unregistered) trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Site are either (registered or unregistered) trademarks, service marks, domain names, logos, company name or indicia of origin or are otherwise the property of AARNA VENTURES.

COMPANY CONTENT ON THE SITE IS PROVIDED TO YOU “AS IS” FOR

YOUR INFORMATION AND PERSONAL USE ONLY AND MAY NOT BE

USED, COPIED, REPRODUCED, AGGREGATED, DISTRIBUTED,

TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR

OTHERWISE EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER

WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY. PROVIDED

THAT YOU ARE ELIGIBLE TO USE THE WEBSITE, YOU ARE GRANTED A

LIMITED LICENSE TO ACCESS AND USE THE SITE AND THE COMPANY

CONTENT AND TO DOWNLOAD OR PRINT A COPY OF ANY PORTION OF THE COMPANY CONTENT TO WHICH YOU HAVE PROPERLY GAINED ACCESS SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE. COMPANY RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN AND TO THE WEBSITE AND COMPANY CONTENT AND MARKS.

The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

Data on the Website is provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. NAYLYST reserves all rights not expressly granted in and to the Website and the Data.

By use of the website, you are granted a limited, non-sub licensable license to access and use the Site and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Agreement and does not include:

  • (a) any resale or commercial use of the Site or Site Materials;
  • (b) the collection and use of any product listings, pictures ordescriptions;
  • (c) the distribution, public performance or public display of any Site Materials;
  • (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof;
  • (e) use of any data mining, robots or similar data gathering or extraction methods;
  • (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or
  • (g) any use of the Site or the Site Materials other than for their intended purpose.

Any use of the Site or Site Materials other than as specifically authorized herein, without the prior written permission of AARNA VENTURES, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Agreement shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

PRODUCTS/SERVICES, PAYMENTS, SHIPPING/DELIVERY, TAXES, RETURN/REPLACEMENT & REFUND

  1. Products /Services: The Website operates as a market place and acts as an online platform to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Users of the Website (“Products”). The Website reserves the right to withdraw the Products or terminate the services offered at any time to the Users without any notice.

All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual product may vary from the corresponding image exhibited. The Website disclaims any liability arising out of any discrepancies to this end and from any consequences arising from the use of the Products.

The Products displayed on the Website can be ordered and delivered only within India. See the Shipping Information section of the Website for more information. All prices displayed on the Website are quoted in Indian Rupees and are valid and effective only in India.

All material and information presented by the Company is intended to be used for personal, educational or informational purposes only. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any Product purchased on the Website, it should be only after the legal or parental guardian has discussed the Product with the minor’s doctor.

All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical-related questions. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The Products available on the Website, including any samples Company may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from the Company. Company reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Company in its sole discretion. Except where prohibited by law, Company may limit the number of Products available for purchase.

NAYLYST hereby disclaims any guarantees of exactness as to the quality, finish, and appearance of the final Product as ordered by the Client / User. The quality of any products, services, information, or other material purchased or obtained by you through the Website is not endorsed, supported, guaranteed or warranted by NAYLYST.

Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct, however, we cannot guarantee the website’s accuracy and we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchant-ability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services, and related graphics are provided as is, without warranty of any kind.

Pricing on any product(s) as is reflected on the Website may be due to some technical issue, typographical error or incorrect product information and in such an event NAYLYST may cancel such your order(s). Prices for

Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.

  1. Payments :
    • The Website provides the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection, and remittance facility for the payment of Products & Services purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks.

You agree to pay all fees or charges to your Account based on NAYLYST’s fees, charges, and billing terms then in effect. If you do not pay on time or if NAYLYST cannot charge your credit card, any payment gateway or other payment methods for any reason, NAYLYST reserves the right to either suspend or terminate your access to the Website and Account and terminate these Terms of Use.

You are expressly agreeing that NAYLYST is permitted to bill you for the applicable fees, any applicable taxes and any other charges you may incur in connection with your use of the services offered through this Website and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. NAYLYST in its sole discretion may impose limits on the number of transactions which an individual holding a financial instrument may be used for payment for Products or Services.

Additionally, NAYLYST reserves the right to refuse to process transactions exceeding such limits and transactions by Users that have incurred questionable charges and amounts.

  • Joining the Website, opening an Account and viewing posted Products & Services is free. However, NAYLYST reserves the right to charge a fee to Clients on a per-transaction basis or in any other manner and reserves the right to do so in its sole discretion. All such changes shall automatically become effective immediately after they are posted on the Website. The Users continued the use of the Website shall be deemed as an acceptance of the amended terms and conditions.
  • Prices for Products & Services are described on the Website and are incorporated into these Terms by reference. Clients / Users undertake that by initiating a transaction, the Client / User is entering into a legally binding and enforceable contract with NAYLYST to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
  • NAYLYST may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund, and remittance and to facilitate payment by the User. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and the User.
  • While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

                               ○     a. Lack of authorization for any transaction/s, or

                               ○      b. Exceeding the preset limit mutually agreed by and

between the User and relevant banks of the User, or

                               ○                   c. Any payment issues arising out of the transaction, or

○     d. Illegitimacy of the payment methods (credit/debit card

frauds etc.) being used by a User;

                               ○     e. Decline of transaction for any other reason(s)

  • Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the credibility of the User.
  • Use of the payment facilities provided by the Website shall notrender the Website liable or responsible for any damages, interests or claims arising from any breach of security relating to such transaction or relating to the financial data transmitted by the User in connection to such transaction. The Website shall not utilize or share any Financial

Information with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Website disclaims all liability arising out of the loss of any information pertaining to the confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.

  • Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products or Services on the Website. Every User further warrants that he/she shall not use any payment information or instrument that is not lawfully owned by the User.
  • You undertake to be liable for all consequences that may arise out of Your inability to pay for the Products or Services purchased by you through the Website, including consequences arising out of Your inability to pay ‘Cash-on-Delivery” after the products have been despatched by NAYLYST in connection to order being placed by you. If you have a balance due to NAYLYST on any account, you agree that NAYLYST may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. NAYLYST reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.
  1. Shipping & Delivery :
    • All Products purchased from the Website shall be delivered to the User by standard courier services by NAYLYST, either by itself or through a logistics partner. In case a User purchases multiple Products in one transaction, the same may be delivered either together or separately, at the discretion of NAYLYST.
    • If a User wishes to get delivery to different addresses, then theUser shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
    • An estimated delivery time shall be displayed on the order summary page which shall be communicated to the User upon acceptance of the Order. All deliveries where applicable shall be made on a best efforts basis, and while NAYLYST will endeavor to deliver the Products on the dates intimated, subject to situations of Force Majeure (bad weather, political unrest, strikes, war, riot or any other unforeseen situation), NAYLYST disclaims any claims or liabilities (including claims for any mental agony) arising from any failure or delay in this regard, including any damage or loss caused to the Products.
    • The Users can cancel the order at any time, if the delivery time exceeds the expected delivery time and in case of a prepaid order, the Users will be refunded back the price of the product or services in the account or payment wallet, in accordance with the options chosen by the User, within 14 days of the order being successfully cancelled.
    • NAYLYST shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
    • NAYLYST or its logistics partner will make a maximum of three attempts to deliver the order and in case the User is not reachable or does not accept delivery of products in these attempts NAYLYST reserves the right to cancel the order(s) at its discretion. Any promotional voucher used for the cancelled orders may not be refunded.
    • No deliveries of the Products shall be made outside the territorial boundaries of India.
  2. Taxes, Forex Conversion Charges, Payment Gateway Charges Etc : All prices for the products shall be in INR. You shall be liable to pay all taxes, forex conversion charges (in case the products/services are being purchased from abroad with the intent of delivery in India), payment gateway charges etc as may be applicable in respect of the Products / services being purchased / availed by you and/or the payments made by you.
  3. Return & Replacement :
    • All Products ordered from the Website and successfully delivered to the User may be returned to the Seller in accordance with the terms contained herein or as specified in respect of each product or service. However, no return of Products will be accepted by NAYLYST if

○ (a) the Products have been damaged by the User

○     (b) if there is a change in the quality, quantity or other

characteristics of the Product

○     (c) if the product returned is not the Product that was

delivered

○     (d) any other circumstances that NAYLYST may notify or

deem appropriate from time to time.

  • In case of returns:
  • In case of a claim of return on the ground of pilferage or defective/damaged product, such claim shall be lodged within 24 hours of delivery of the product by sending an e-mail, along with a photograph of the product to support@naylyst.com, subject to individual return policies of each product.
  • The packaging of the product, as received, should be kept intact and the return should be made with the original packaging.
  • Upon receipt of the e-mail, as mentioned above, Products acknowledged by us as ‘damaged’ or ‘defective’ will be collected by us.
  • In case of return initiated and subsequently couriered by the User himself/herself, NAYLYST shall not be liable to pay for such courier and if it is found that the claimed shipment was not delivered to NAYLYST or the shipment was empty, the onus shall be on the User to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return. All returns/refunds shall be solely based on successful return of the product to NAYLYST.
  • NAYLYST shall have the sole discretion to decide whether any return/replacement claim by any USER may be entertained or not.
  • All Products ordered by the User shall be eligible to be replaced in accordance with the replacement policy in respect of each product as may be indicated on the Website. However, in the case of an exchange, the differential amount, if any, shall either be payable by the User prior to despatch of the exchanged product or shall be credited to the wallet linked to the User’s Account on the Website.
  1. Refund: Once products/items have been successfully returned, or if the

User does not receive the delivery within the agreed-upon time frame, the User will be entitled to a refund of the entire cost of the Product, less any applicable courier charges and any other charges that the Website may deduct at its discretion. If a User fails to submit a refund claim in accordance with the Terms, the User will be ineligible for a refund. If the refund option is unavailable in whole or in part for any Products, the User will not be entitled to a refund for such Products.

Refund, if any, is issued it shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Website. For payments made through electronic means like a debit card, credit card, net banking, wallet etc, refund shall be made using the same payment mode. All refunds shall be made in Indian Rupees only.

In case of refund arising from the return of any product due to the same being accepted by us as being ‘defective’ or ‘damaged’, such refund shall me made within 14 (fourteen) days of the product being received back by NAYLYST at its facility. All Users shall comply with all applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act,

Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act,

2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable).

TERM OF AGREEMENT, CANCELLATION & TERMINATION

1.TERM: This Agreement shall commence on the start and end dates specified on the Member Registration form or generated upon purchase of any service package.

  1. Cancellation & Termination Policy :
    • Any non-payment of the ongoing registration fee, service fee, price of products / services or any other fee or reimbursements will cause this agreement to be suspended or terminated from the date of non-payment, at the discretion of NAYLYST. The Agreement may be terminated by either party without assigning any reason by giving 30 days written notice to the other party. In the event of any breach of the covenants of this Agreement by either, the non defaulting party shall be entitled to terminate this Agreement forthwith, if the defaulting party fails to remedy the breach within 15 days of intimation of such breach by the non defaulting party.
    • If any suspicious activity is detected on the Website or elsewhere, NAYLYST reserves the right to notify law enforcement officials and provide them with all transaction details that may be requested for the investigation of any illegal activity, as well as to cancel all past, pending, and future orders without any liability.
    • Apart from termination of the entire Agreement, NAYLYST may also cancel orders in situations like inaccuracies in pricing of product on Website and stock unavailability and may block Users, who in the opinion of NAYLYST, fall within the fraudulent or loss to business category may be blocked. Any credits earned through loyalty or referral program will be forfeited in such cases. The User may be considered to be in the ‘loss to business’ category if any of the following scenarios are met:

○ User with a very high return rate

○ Repeated orders with invalid/incomplete delivery address

○ Repeated request for monetary compensation for petty

issues

○ Repeated failure to make payment

○ Repeated cases of failing to take delivery of

products/services after placement of order

  1. Consequences Of Termination: In the event of termination or expiration of this Agreement for any reason whatsoever, without prejudice to such other rights as may be available under this Agreement or under the law: ● (a) NAYLYST shall immediately stop providing the Services (that may have been purchased by the Client).
    • (b) The service fees that may have been paid in advance shall be forfeited in entirety and no reimbursement of the same shall be given under any circumstances.

GOVERNING LAW & DISPUTE RESOLUTION

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Salem, India. If a dispute arises between you and NAYLYST, the same shall be resolved amicably through dialogue between the two parties. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via email at support@naylyst.com Any dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation and in case of such arbitration, the same shall be referred to a sole Arbitratorreferred by NAYLYST and the venue of such arbitration shall be in Salem, India.

ADVERTISEMENTS & THIRD PARTY LINKS

On the Website, NAYLYST may display ads, third-party links, and promotions related to the service. The manner, style, and amount of NAYLYST’s advertising on the Website is subject to change, and the display of advertisements on the Website does not imply that NAYLYST endorses any advertised products or services. You acknowledge and accept that NAYLYST is not responsible or liable for any loss or damage of any kind incurred as a consequence of any such transactions or the inclusion of such advertising on the Website. Links to third-party sites should not be construed as or understood as NAYLYST’s endorsement of such third-party sites or any product or service offered through them unless specifically indicated on the Website. You also acknowledge and agree that NAYLYST is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, goods, or services available on or through any such website or resource.

DISCLAIMER OF WARRANTIES

You acknowledge and accept that your use of the website is at your own risk. NAYLYST and its affiliates, to the fullest extent permitted by law, its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the products & services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an “as is,” “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. NAYLYST does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or Client or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website. Any product or service promoted or sold by a third party through the website or any hyperlinked site, or featured in any banner or other advertisement, is not endorsed, warranted, guaranteed, or assumed responsible for by NAYLYST. NAYLYST will not be a party to or liable for any transaction between you and any third party service professionals of products or services with whom you may have come into contact through NAYLYST’s platform. You should use your best judgement and use caution while using any product or service, as well as when publishing or uploading any material through any media or in any setting.

LIMITATION OF LIABILITIES

  1. In no event shall NAYLYST, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages

(including but not limited to any personal loss or loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any

  • (i) access to or use of the website or any products & services offered via the website;
  • (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content;
  • (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
  • (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party;
  • (v) any interruption or cessation of transmission to or from the website;
  • (vi) any errors or omissions in any data, content, information, materials or substance of the website or submitted content;
  • (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website;
  • (viii) any negligent, defamatory, offensive, or illegal conduct of any third party or Client or service professional; or
  • (ix) any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not NAYLYST is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  1. The total, aggregate liability of NAYLYST, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content, shall in no event exceed the total amount of money actually paid to NAYLYST hereunder in respect of the product or service forming the subject of such contention. You also acknowledge and agree that NAYLYST is not liable for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages (including but not limited to personal loss or loss of business, revenue, profits, use, data, or other economic advantage) arising out of or related to any contract between website users entered into independently of the website.
  2. The website may include links to third-party websites that are not within NAYLYST’s control or ownership. NAYLYST has no control over, and assumes no responsibility for, any third-party websites’ content, privacy policies, or practises. Furthermore, NAYLYST will not and cannot censor or modify any third-party site’s content. You expressly release NAYLYST from any and all liabilities arising from your use of any third-party website by using the website.

4 . NAYLYST shall not be liable or responsible for inaction, incompetence, or other service failures and/or any issue relating to any product purchased through the Website, and all Products & Services provided by NAYLYST shall be delivered on a best-effort basis (including where product & services are being delivered in association with a third party partner).

FORCE MAJEURE

Except for payment obligations, neither NAYLYST nor you shall be liable to the other for any delay or failure in performance under the Terms of Use originating from a cause beyond its control and without its fault or negligence. Public holidays, traffic congestion, political turmoil, fires, floods, earthquakes, strikes, unavailability of essential services, blackouts, acts of God, declared or undeclared war, acts of regulatory agencies, or national catastrophes are examples of such causes.

INDEMNIFICATION AND RELEASE

You agree to defend, indemnify and hold harmless NAYLYST, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of, access to, and participation in the website; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party. This defense and indemnification obligation will survive these terms of service and your use of the website.

If you have a disagreement with one or more website users, you agree to forever release NAYLYST (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, agents, subsidiaries, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the dispute. You may not transfer or assign the terms of use, or any rights or licences granted hereunder, but NAYLYST may do so without limitation.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

NOTICE

You agree that NAYLYST may send you communications by email, regular mail, or postings on the Website, including announcements about changes to the Terms of Use.

RESERVATION OF RIGHTS

Company retains the right to cancel your licence to use the Website at any time, without notice, and in its sole discretion, and to restrict or prevent your future access to and use of the Website. If required by law or in the good faith belief that such access, preservation, or disclosure is reasonably necessary to I comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, Company may access, preserve, and disclose your account information and Content.

GENERAL INFORMATION

1.1. COMPLETE TERMS OF USE: The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by NAYLYST on the Website (www.naylyst.com), shall constitute the entire agreement between you and NAYLYST with respect to the Website / Mobile App and the services provided through it. If any term of the Terms of Use is found to be illegal by a court of competent jurisdiction, the legality of the remaining provisions of the Terms of Use will not be affected, and they will continue in full force and effect. Any waiver of any term of these Terms of Use will not be construed as a subsequent or continuing waiver of that term or any other term, and NAYLYST’s failure to assert any right or provision under these Terms of Use will not be deemed a waiver of such a right or provision.

YOU AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY, AND OUR GUIDELINES AND RULES BY USING THE WEBSITE. YOU SHOULD NOT USE THE WEBSITE IF YOU DO NOT AGREE WITH ANY OF THESE.

  1. Statute Of Limitations:You agree that any cause of claim arising out of or connected to the Website must be brought within one (1) year of the occurrence of the cause of action. Otherwise, such a cause of action will be prohibited indefinitely.
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