TERMS AND CONDITIONS
UPDATED: January 2020
The Company makes no representation that the Websites are appropriate or available in other locations other than where it is operated by the Company. The information provided on the Websites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
The content on the Websites and the trademarks, service marks and logos on the Websites are owned by or licensed to the Company or its affiliates, and are subject to copyright, trademark and other intellectual property rights under law. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, and service names are registered trademarks, common law trademarks or trade dress of Company in India. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Company content on the Websites 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 the Company. Provided that you are eligible to use the Websites, you are granted a limited license to access and use the Websites 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. The Company reserves all rights not expressly granted to you in and to the Websites and Company content and marks.
The Products displayed on the Websites can be ordered and delivered only within India currently. 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 made about Products have not been evaluated by any government agency and the results reported, if any, may not necessarily occur in all individuals. 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 Websites, 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 Websites is not meant to serve as a substitute for professional medical advice: the Websites are 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 Websites 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. The Company does not give or intend to give any answers to medical-related questions. The Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Websites. If you are in need of medical attention, call your physician immediately.
The Products available on the Websites, including any samples the 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. The 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, the Company may limit the number of Products available for purchase.
While the Company has tried to accurately display the colours of products, the actual colours you see will depend on your monitor (differs from device to device).
The Company bills you through an online billing account for purchases of Products and/or services. You agree to pay the Company all charges at the prices then in effect for the Products you or other persons using your billing account may purchase, and you authorise the Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. The Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in Indian Rupees.
RETURNS AND EXCHANGES
No returns or exchanges will be possible once the final product has been made, opened or used.
You agree that all ideas, comments, suggestions or other information that you provide to the Company regarding the site or products and services provided on the site shall be the Company’s property, and may be used by us on a non-confidential and unrestricted basis, without compensation to you.
Our site includes links to other websites. We provide such links solely as a convenience to you and for informational purposes only. The Company has not reviewed all of the information on these other websites. The inclusion of these links in no way indicates the Company’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites. Neither the Company, nor any other providers of products or services related to this site, shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. Other websites may include links to this site. The inclusion of such links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the site.
If you access the Websites via your mobile phone or tablet device (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Websites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
THIRD PARTY CONTENT AND THIRD PARTY SITES
By registering an account on the Website, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you will keep your password confidential and will be responsible for all use of your password and account;
- you are not a minor in the jurisdiction in which you reside; and
- your use of the Website does not violate any applicable law or regulation.
Regardless of whether you register an account on the Website, if you provide any information on the Website that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and/or refuse you any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine in our discretion that it is inappropriate, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
Regarding Content You Provide: The Website may invite you to submit Product reviews, chat or participate in blogs, online forums and other interactions with the Website and other users, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company and/or to or via the Websites, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to the Company will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorise the Company and users of the Websites to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Websites;
- your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by the Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any law concerning child pornography or otherwise intended to protect the health or well-being of minors;
- your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
- in submitting your Contribution you have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled the Company or third parties as to the origin of any Contribution.
By posting Contributions to any part of the Websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. The Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
The Company has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Websites, you hereby authorize the Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal or personal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
You may not access or use the Websites for any purpose other than that for which the Company makes it available. The Websites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company. Prohibited activity includes, but is not limited to:
- attempting to bypass any measures of the Websites designed to prevent or restrict access to the Websites, or any portion of the Websites;
- attempting to impersonate another user or person or using the username of another user;
- criminal or tortious activity;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Websites;
- deleting the copyright or other proprietary rights notice from any Website content;
- except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software on the Websites;
- harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any services to you;
- interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites;
- making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- selling or otherwise transferring your user profile;
- systematic retrieval of data or other content from the Websites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company;
- tricking, defrauding or misleading the Company and/or other users, especially in any attempt to learn sensitive account information such as passwords;
- using any information obtained from the Websites in order to harass, abuse, or harm another person;
- using the Websites or data or other content from the Website as part of any effort to compete with Company or to provide services; and
- using the Website in a manner inconsistent with any and all applicable laws and regulations.
Company reserves the right but does not have the obligation to:
- take appropriate legal action against anyone who, in the Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- in the Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;
- in the Company’s sole discretion and without limitation, notice or liability to remove from the Websites or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Company’s systems; and
- otherwise manage the Websites in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Websites.
RESERVATION OF RIGHTS
If a dispute should arise between you and the Company, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by sending an email to email@example.com
CHOICE OF LAW/FORUM SELECTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Karnataka. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Bangalore, Karnataka.
DISCLAIMER OF WARRANTIES
The Company is providing the Websites and its Contents on an “as-in” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the Websites or the information, content, materials or products, include on the Websites. To the fullest extent permitted by law, the Company disclaims all such representations and warranties, including for example, warranties of merchantability and fitness for a particular purpose. In addition, the Company does not represent or warrant that the information accessible via the Website is accurate, complete, or current. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
DISCLAIMER OF LIABILITY
The Company will not be liable for any damages of any kind arising out of or in connection with the use of the Websites. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
You agree to defend, indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, your use of the Websites, your breach of this Agreement and/or your breach of your representations and warranties set forth above.
FRAUD PROTECTION PROGRAM
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided (or use your e-mail address) to confirm your order. We also reserve the right to cancel any accounts or refuse to show ship to certain addresses due to the suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
It is the express wish of the parties that this agreement and all related documents be drawn up in English.
The funds on the Gift Card are valid for one year. Protect the Gift Card like cash. Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law. We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a revoked Gift Card. The Gift Card is not a credit or debit card. Tinge Gift Cards are only redeemable at www.tingestore.com and in-person studio visits.
Please take care of your product. Extreme conditions (e.g. leaving it in the car when hot, travelling to places with extreme temperature, etc.) will separate the formula. This is completely normal as it is organic and has an animal fat-free base. Pump the wand or shake the container and the product will be good to be used again.
VARIATION IN HUE
There might be a slight variation in the shade of the actual product from the image shown on the screen. This is due to the screen resolution and photography effects, and the Company shall not be held liable for this variation.
CRUELTY FREE PRODUCTS
The Company pledges to be cruelty free. We believe that animals should not suffer and die by being test subjects for cosmetics or cosmetic ingredients. We, therefore, consciously avoid doing business with companies that make animals suffer for their products or supporting corporations that abuse animals.
- The Company does not conduct, commission, or is party to animal testing of any cosmetic ingredient, raw material, formulation of finished cosmetic product
- The Company does not buy any ingredient, formulation, or product from any supplier or manufacturer that conducted, commissioned, or had been party to animal testing
- If an ingredient or combination of ingredients is found not to comply with the above mentioned criteria, the Company will replace it with an alternative or remove it from the product range