Welcome to www.himitsu.in (the “Site”)
Effective Date: 22nd March, 2021
You must be at least 18 years old in order to make a purchase on the Site. The Site is not intended or designed to attract or be otherwise used by children under the age of 18 years or by any other personnel who are no competent to contract (as understood under the applicable law). By using the Site, you confirm that you are either 18 years of age or more and/or are otherwise competent to contract (as understood under the applicable law). If you are under 18 years old or otherwise incompetent to contract (as understood under the applicable law) then you may not make a purchase on the Site and may not use the Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE.
- Intellectual Property
PAll intellectual property, information and content available on the Site and its look and feel, including but not limited to domain, trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations, computer programs and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Estee Lauder Middle East FZE (or its parents, subsidiaries, affiliates, partners or licensors), and is protected by applicable laws, including laws governing copyrights and trademarks. The trademarks and trade dress available on the platform may not directly or indirectly be used in any manner for any purpose without express prior written consent.
Except for the limited licenses set forth in Section 2 below, or as required under applicable law, neither the Content nor any portion of the Site may be directly or indirectly used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without express, prior written consent.
- Limited Licenses; Use Restrictions
You are granted a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not directly or indirectly do or attempt to do or cause any third party to do or attempt to do or otherwise abet in the doing or the attempt thereof of any of the following in connection with your use of the Site:
- frame or utilize framing techniques to enclose the Site or any portion thereof;
- use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without prior written permission or authorization;
- make any use of the Site or any Content other than for personal use;
- modify, reverse engineer or create any derivative works based upon the Site or any Content;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- intentionally violate any applicable local, state, national or international law;
- transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, trojans, worms, ransomware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
- engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”; and/or
- do any other acts which may in the Site’s sole discretion find objectionable or undesirable.
You are also granted a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate or otherwise use in any manner, any and/or all of the Site Content; (ii) may not imply that the Site is endorsing such website or its services or products; (iii) may not misrepresent its relationship with the Site; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in the Site’s sole discretion); (v) may not portray the Site or it’s products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate the Site with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. You may be requested to remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing to resume linking.
Any unauthorized use by you of the Site or any and/or all of the Site’s Content automatically terminates the limited licenses set forth in this Section 2 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
- Your Obligations and Responsibilities
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to the Site, its parents, subsidiaries, affiliates, partners or licensors.
- Your Account
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with the Site. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify the Site immediately at the contact details below. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the lawful authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with the Site at any time. To the extent permitted by applicable law, right is reserved to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if decided, that it would be in the Site’s best interest to do so.
- Third Party Links
The Site is not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by the Site, its parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third-party websites is at your own risk. No responsibility is taken for examining or evaluating, and the offerings of the third party websites or any other websites linked to or from the Site is not warranted, nor is any responsibility or liability assumed for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.
- Special Features, Functionality and Events
- User Content
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
The Site is in no way responsible for examining or evaluating User Content, and, to the fullest extent permitted under applicable law, disclaims any responsibility or liability for the User Content. The Site does not control the User Content transmitted or posted on the Site by you or others and therefore, it does not guarantee the accuracy, integrity or quality of User Content transmitted or posted on the Site by you or others. You understand that by using the Site, you may be exposed to User Content of others that is offensive, indecent or objectionable to you. Under no circumstances will the Site be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that the Site has the right (but not the obligation) to refuse to post or remove any User Content and the right is reserved to modify, change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, any User Content that violates these Terms and Conditions or is otherwise objectionable maybe removed and refuse service may be refused and/or accounts terminated without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
- Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site please contact the email below and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with the Site, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). Your deletion request may not be able to be processed if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
- Copyright Infringement Notices
The intellectual property of others is respected. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to the designated agents mentioned below for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address.
The designated agents for notice for claims of copyright infringement is:
To: Brand Licensor (ELCA Cosmetics Private Limited)
Note: the above contact information is provided exclusively for notifying Himitsu that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to the customer service group by email to email@example.com.
- Disclaimer of Warranties; Limitation of Liability
The Site, its content, the goods and services are presented “as is”. Neither the Site nor its parents, subsidiaries, affiliates, partners, sellers of products on the Site or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site or any of the content.
You agree that, to the fullest extent permitted by applicable law, neither the Site nor its parents, subsidiaries, affiliates, partners, sellers of products on the Site or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond reasonable control. No representations or warranties are made that defects or errors will be corrected. To the extent permitted by applicable law, there are no warranties provided for the details, descriptions, images of products being totally accurate, complete, reliable, current, or error-free.
Further, to the fullest extent permitted by law, neither the Site nor its parents, subsidiaries, affiliates, partners, sellers of products on the Site or licensors will be liable for any indirect or consequential damages of any kind (including lost profits) related to the Site or your use thereof and in no event shall the maximum aggregate liability exceed INR 5,000.
You agree that no claims or action arising out of, or related to, the use of the Site or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with or are dissatisfied with the Site, termination of your use of the Site is your sole remedy and the Site shall have no other obligation, liability, or responsibility to you.
You agree to defend, indemnify and hold the Site , its parents, subsidiaries, affiliates, partners, platform service provider, sellers of products on the Site, licensors, officers, directors, employees, representatives and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Site’s infrastructure.
Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent courts in Mumbai, India. These Terms and Conditions are governed by and must be interpreted in accordance with the laws of India.
- Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) in relation to these Terms and Conditions electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that provided to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify your withdrawal of such consent by emailing firstname.lastname@example.org and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to Section 2 hereof, shall automatically terminate. Unfortunately, the benefits of this Site cannot be provided to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement concerning your use of the Site and the purchase of the various products thereat, and supersede and govern all prior proposals, agreements, or other communications.
The right is reserved, to the extent permitted by applicable law, to change any of these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to any and all such changed Terms and Conditions. Your right granted by these Terms and Conditions may, with or without prior notice, be terminated. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. The right is reserved, subject to applicable law, at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise. Failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall a waiver of your breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email email@example.com.