Terms of service

1.1) “Affiliate” shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the Company;

1.2) “Acceptance” shall mean Your affirmative action on entering information or accepting terms of Usage Agreement as requested on the sign-up page or simply by accessing or visiting the Platform;

1.3) “Applicable Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority;

1.4) “Authority” shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory or self-regulating authority, agency or instrumentality having jurisdiction over the relevant matter;

1.5) “Control” shall mean the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate;

1.6) “Grievance Redressal Officer” means the grievance redressal officer appointed by the Company in accordance with Applicable Law, from time to time;

1.7) “Information” means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information;

1.8) “Losses” shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.;

1.9) “Payment Facility” means the automated electronic payment or collection and remittance facility provided by the Company to the Users to facilitate payments on the Platform through payment gateway facility providers;

1.10) “Person” shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership or proprietorship, whether incorporated or not;

1.11) “Policies” shall mean and include the Privacy Policy and any other policies of the Company as amended and provided on the Platform or communicated to the Users in any other way from time to time;

1.12) “Services” shall mean the services rendered by the Platform as per Clause 2.1 below; and

1.13) “User” or “You” (or any variation thereof) shall mean any Person (including any legal heirs, administrators or successors) who are accessing or using the Platform and Persons duly registered in accordance with Clause 5 below. If You are accepting these Terms and using the Services or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.

2.1) The Company shall provide services related to Platform (“Services”) as detailed below:

3.1) As a User, the User Agreement shall be effective and binding upon Your Acceptance. If You do not agree or are not willing to be bound by the User Agreement and Our Polices, do not enter information as requested on the sign-up page or click the ‘Continue’ button or seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.

3.2) By impliedly or expressly accepting these Terms, You also accept and agree to be bound by applicable Policies of the Company as published on the Platform.

3.3) The content on the Platform including but not limited to description of products, instructional videos/demo, etc. is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.

3.4) The Company neither makes any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products proposed to be sold or offered to be sold on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any specific products on the Platform.

3.5) The Company agrees and undertakes that it is legally permitted to sell the products listed for sale on the Platform. Listings may only include text descriptions, graphics and pictures that describe the products for sale along with an instructional video/demo on how to use the product.

3.6) The Company does not endorse any products offered for sale on Our Platform. Any recommendation made to You in the Platform during the course of Your use of the Platform is purely for informational purposes and for your convenience and does not amount to endorsement of the product by the Company or any of its associates in any manner.

3.7) The User shall not abuse or misuse the Platform or engage in any activity which violates the terms of the User Agreement. In any such case, the Company may suspend User account or permanently debar User from accessing the Platform.

4.1) The Company reserves the right to modify the Platform and/or alter these Terms and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the account, to anyone who the Company believes has violated the provisions of the User Agreement.

4.2) You are advised that any amendment to the User Agreement incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree that such publication shall immediately constitute sufficient notice for all purposes of such amendment. The revised version/ terms shall be effective from the date mentioned as “Effective Date” on the Platform.

4.3) The Company shall not be liable to give any prior notice to the Users for any amendments to the User Agreement. You understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User’s existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion.

5.1) Eligibility:

5.2) Registration and Creation of Profile:

6.1) The products available on the Platform, and the samples, if any, that Platform may provide you, are for your personal and/or professional use. The samples shall not be sold or resold for any/commercial reasons. Where the product is being resold, You may choose to get the product delivered directly to end-customer after sharing the details of the product from the Platform with the end - customer.

6.2) In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit You, please note that the Company is in no manner responsible for any manufactural side-effects and manufacturer or service provider of the product shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products.

7.1) The Company strives to provide accurate product and pricing information; however, errors may occur.

7.2) Prices and availability of the products provided or offered on the Platform are subject to change without prior notice and at the sole discretion of the Company. The Company may revise and cease to make available any product at anytime. In the event, the Company is unable to deliver the product to You on time or at all, You will be notified by an e-mail and Your order will be automatically cancelled due to unavailability of the product or at Your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. The Company shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

8.1) You agree to provide true, accurate, up-to-date and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform.

8.2) For the use of Our Services, You consent to downloading and installing updates to our Services, including automatically, downloading and installing such updates.

8.3) The Company shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.

8.4) You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/ register using the identity of any other Person. You agree to indemnify and hold the Company harmless against any Losses caused to the Company by such misrepresentation.

8.5) You shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Platform that-

8.6) You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Platform to ensure that the information provided by You is true, accurate, current, complete and not misleading at all times.

8.7) If You provide any information that is untrue, inaccurate, misleading, not current or incomplete or is in violation of Clause 7.5 above, or the Company has reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or is in violation of Clause 7.5 above or not in accordance with the User Agreement, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever.

8.8) In the instance, that any other User or Person acts upon such untrue, inaccurate, not current or incomplete information provided or verified by You, the Company, and its Personnel shall not be liable for any damages, Losses, direct, indirect, immediate or remote, interests or claims resulting from such information to You or to any third party. You hereby agree and undertake to indemnify and to hold harmless the Company, and its Personnel in accordance with the Indemnity clause contained in these Terms.

9.1) You agree to keep Yourself updated with all data, information and communication pertaining to You available on the Platform by the Company. You further agree that Your use of the Platform or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and You consent to receiving communication from the Company via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/ electronic record.

9.2) Our communications to You may include communication about information of various features of Our Services including but not limited to notification of any flash sales, schemes, discount campaigns, etc.

9.3) We may need to provide You with certain communications/notifications, such as service announcements and administrative messages. These communications are considered part of the Platform Services and User account, and You may not be able to opt-out from receiving them.

9.4) The User agrees to update User account information, as modified from time to time, to help maintain proper communication during usage of Platform by the User.

10.1) You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

11.1) In case of any violation by You of the User Agreement, the Company has the right to immediately terminate the access or usage rights of the User to the Platform without any notice and any such violative information that is submitted on the Platform may be removed immediately and completely and/or report to investigating authorities under applicable Law.

11.2) If the Company terminates Your access to the Platform, the Company may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers and You agree and acknowledge that the Company or the Platform shall not in any manner be responsible and/or liable for removing or deleting such information.

12.1) The Platform may be under constant upgrades, and some functions and features may not be fully operational.

12.2) We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.

12.3) The Company attempts to be as accurate as possible in the description of the product on the Platform. However, the Company does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

12.4) The Company reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an Order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

12.5) We shall not be liable to You or anyone else for any Losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our Personnel be liable to You or any third party for any decision made or action taken by Your reliance on the content contained on the Platform.

12.6) In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party accessed through the Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.

12.7) We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason whatsoever; (b) to modify or change the Platform, or any portion of the Platform; or (c) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

13.1) We are the owner of intellectual property rights and have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, order placing process flow, ideas, design, structure, expression, and any content thereof.

13.2) You recognize that the Company is the registered owner of the word mark ‘Florida Beauty Labs’ and the logo including but not limited to its variants (“IPR”) and You shall not directly or indirectly, attack or assist another in attacking the validity of, or Company’s or its Affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If You become aware or acquire knowledge of any infringement of IPR You shall report the same at info@floridabeautylabs.com with all relevant information.

13.3) You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

13.4) If You print off, copy or download any part of the Platform in breach of these Terms, Your right to use the Platform will cease immediately and You must, at our option, return or destroy any copies of the materials You have made.

13.5) You may download information presented on the Platform at Your sole risk, and without any express or implied warranty from us in relation to such information, provided that:

14.1) We provide Payment Facility for processing the payments made in relation to the purchase of products directly from the Platform. Where direct payment is made to the Company through such Payment Facility, such Order shall be deemed to be a pre-paid Order and no extra fees shall be charged on delivery of such product.

14.2) We also provide the option for Cash-on-Delivery (“COD”) payment. The User may place the Order on the website with COD option and the payment in such instance, shall be collected at the time of delivery of such product by Our delivery partner.

14.3) For payments made through Payment Facility, where wrong bank account details are used by the User, the Company shall not be responsible for loss of money, if any.

14.4) In case of any technical failure causing problem in making payment, You could contact us at info@floridabeautylabs.com. However, the Company shall not be liable for transaction failure or payment issues.

14.5) All disputes regarding delayed payments or failed payments must be resolved by You, and the Payment Facility directly.

14.6) While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

14.7) You acknowledge and agree that You shall not use the details of credit card/debit card/net banking or any other payment instrument which is not lawfully owned by You.

14.8) All payments made against the purchases on the Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform shall not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Platform.

15.1) In no event shall the Company or its Personnel be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible Losses arising (in any manner whatsoever) out of or in connection with the Platform, the Payment Facility, or Services provided.

15.2) The Company’s liability under all circumstances is limited to the amount of charges/ fees, if any, paid by You to the Company. The Company, its Personnel and internal service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any information or communication provided on or through the use of the Platform or that of the operation of the Platform or Payment Facility will be error free and/or uninterrupted.

15.3) The Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of: (a) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform or Payment Facility; or (b) any delay, failure, interruption or errors in the operation of the Platform or Payment Facility.

You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, its Personnel, Affiliates, and their respective officers, shareholders, directors, agents, and employees, from and against any and all Losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement or resulting from untrue, inaccurate, misleading not current or incomplete information provided or verified by You.

By using the Platform and/or by providing Your Information, You consent to the collection and use of such Information disclosed by You on the Platform, by the Company, in accordance with the Privacy Policy of the Company. The personal information / data including but not limited to the information provided by You to the Platform during the course of You being a registered User shall be retained in accordance with the Privacy Policy published on the Platform from time to time which is incorporated herein by reference and Applicable Laws including but not limited to Information Technology Act, 2000 and rules there under.

18.1) Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the membership and deletion of the account, limit Your activity on the Platform, immediately remove Your information, or warn other Users of Your actions, forthwith temporarily/indefinitely suspend or terminate or block Your User account/membership, and/or refuse to provide You with access to the Platform or initiate any legal action it may deem fit, particularly in the event:

18.2) No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the Platform or use the Platform in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if You breach the Terms or the Policies and other documents incorporated therein by reference or any other agreements entered into by the Company and You in addition to the Terms, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against You.

18.3) You agree and acknowledge that we, in our sole discretion, without prior notification or intimation, may terminate your access to all or part of the Platform or cease to provide accessibility to the Platform, for reasons including but not limited to:

18.4) All Your obligations and liabilities incurred prior to the termination date shall survive the termination of the User Agreement for all purposes

19.1) In case of any grievance, objection or complaint on Your part with respect to the Platform, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at info@floridabeautylabs.com and provide the Grievance Officer with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.

19.2) The details of the Grievance Officer are as follows:

Name: Mr. Goneshwar Dutt Sharma

Email ID: info@floridabeautylabs.com

19.3) The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 24 (twenty-four) hours of receiving it. The Grievance Officer may request such information as required in order to look into the grievances/ complaints for resolving the same. The Grievance Officer shall attempt to resolve the grievance/ complaint within 15 (fifteen) days of having received it. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the Terms herein, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of resolution of any grievance/ complaint.

20.1) All communications between You and the Company and all confidential information given to or received by You from the Company, and all information concerning the business transactions of the Company with any entity or person with whom it may or may not have a confidentiality obligation with regard to the matter in question, shall be kept confidential by You (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing by the Company.

20.2) Further the Company may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than other Users of the Platform.

20.3) This confidentiality obligation shall survive the termination of the agreement with and the User account of the concerned User.

If any provision of the User Agreement or the application thereof to any person or circumstance is determined to be invalid, unlawful, void or unenforceable to any extent for any reason including by reason of any applicable Law, the remainder of the User Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of the User Agreement shall be valid and enforceable to the fullest extent permitted by Law. Any invalid or unenforceable provision of the User Agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.

The User Agreement and documents incorporated by reference shall be governed and construed in accordance with the laws of India. If any dispute arises between You and the Company during Your use of the Platform or the Pay Facility or any Service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and/or any other agreement between the Company and You in addition to the User Agreement and any other documents incorporated therein by reference, the dispute shall be referred to the senior management of the Company for conciliation. If the dispute has not been resolved, then such a dispute shall be subject to the exclusive jurisdiction of the courts in New Delhi and You hereby submit to the jurisdiction of such courts.

Florida Beauty Labs offers its customers an ’Easy return policy’, wherein you can raise a return/exchange request of a product within 7 days of its delivery. We also accept partial returns wherein you can raise a return request for one or all products in your order.