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TERMS & CONDITIONS

TERMS OF USE

The website GK Hair India (https://gkhair.co.in/) is owned by Auraine Botanicals Private Limited, a company incorporated under the Companies Act, 2013 with CIN No. U52100HR2014PTC052888 and its registered office at Building No. 22, Electronic City, Phase IV, Udyog Vihar, Sector-18, Gurugram – 122015 (India).

Welcome to GK Hair India Website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern GK Hair India relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE SUCH AS FEATURES, CONTENT, TRADEMARKS, APPS, WIDGETS OFFERED OR ANY PURCHESES MADE THROUGH THIS WEBSITE.

These terms and conditions shall apply to all users of the site, including, without limitation, users who are contributors of content, information and other materials or services on the site. The use of this website is subject to the following terms of use:

By just using this website, you specifically approve our utilization and disclosure of your personal information in agreement with this Privacy Policy.

LICENSE

GK Hair India grants you a non-exclusive, non-transferable, revocable, limited license to use the photographs, images, artwork and other written / visual materials, Trademarks, Copyrights appearing on the GK Hair India website (the "Images/Files") in accordance with the terms and conditions of this license agreement ("License"). The Distribution Agreement which you have entered into with GK Hair India, pursuant to which you have been authorized to sell GK Hair Professional products (the "Distribution Agreement"). Capitalized terms used herein shall have the meanings ascribed to them in the Distribution Agreement, unless the context otherwise requires.

PROPRIETARY RIGHTS

You recognize and acknowledge that (a) GK Hair India is the owner of all rights, title and interest in and to the Images/Files in any and all forms thereof, and GK Hair India is also the owner of the goodwill attached to or associated with the Images/Files, including that which arises from the sale of the Products, (b) all rights in and to the Images/Files/visuals are and shall remain the sole property of GK Hair India, (c) your rights to use the Images/Files shall be governed by this License Agreement and the Distribution Agreement, and in the event of a conflict between the two agreements, the terms of this License Agreement shall govern, (d) you do not have the right to modify or make any changes to the Images/Files without the prior written consent of GK Hair India. Your use of the Images/Files will be in compliance with any rules or guidelines established by TIBOLLI in its sole discretion from time to time. You shall have no other rights to the Images/Files or any other intellectual property belonging to GK Hair India or to any of its affiliates.

PERMITTED USES

During the term of the Distribution Agreement, GK Hair India authorizes the Distributors to use the Images/Files in the Territory on or in relation to the Products for the sole purpose of exercising your rights and performing your obligations under the Distribution Agreement and only in such form and manner as are specifically approved in writing by GK Hair India, in its sole discretion, and for no other purpose. TIBOLLI may withdraw its approval for any previously authorized use of the Images/Files upon notice to you at any time and, in such event, you shall immediately cease such use. You acknowledge that the Images/Files shall be deemed to be part of the "Promotional Materials and Artwork" described in the Distribution Agreement.

PROHIBITED USES

YOU MAY NOT:

1. Use any image/file unless explicitly permitted by this License;

2. Duplicate any image/file thereof, for backup/archival purposes;

3. Sublicense, rent, lease, sell, lend or distribute the image/file to any third-party;

4. Use any image/file in electronic format, whether for online or offline purposes or in any other multimedia applications unless the image/file is incorporated for viewing purpose only. No permission is granted to any third-party to download or save the image/file;

5. Transfer this license to any other individual, business or legal entity;

6. Use, permit the use of, or attempt to register the images/files as a trademark or service mark which could result as infringement of right of publicity or other intellectual or proprietary right of any party;

7. Claim any proprietary rights of any kind with respect to the images/files or seek to register the copyright in or to the images/files;

8. Use any image/file in association with identifiable individuals, identifiable products or identifiable entities, except with the prior written permission of GK Hair India or pursuant to the terms of this License or the Distribution Agreement;

9. User should not upload, post, e-mail, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion;

10. Create scandalous, obscene, defamatory or immoral works that incorporate the images/files;

11. Use the images/files in connection with any product or service offered or sold by a competitor of GK Hair India; or

12. Use the Images/Files for any purpose prohibited by law

TERM

The term of this License shall continue throughout the term of the Distribution Agreement, provided that you are in compliance with the terms and conditions herein and with the terms and conditions of the Distribution Agreement. This License will terminate immediately if you fail to comply with any of its terms or conditions or upon termination of the Distribution Agreement, whichever is first to occur. You agree, upon termination, to destroy all copies of the images/files of GK Hair content. Notwithstanding the foregoing, you shall immediately cease any use of the images/files (or such portion thereof as GK Hair India shall designate) upon your receipt of notice from GK Hair India that your rights to use the images/files (or a designated portion thereof) have terminated for any reason whatsoever.

NO WARRANTIES

THE IMAGES/FILES ARE PROVIDED AND LICENSED BY GK HAIR INDIA ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, EXCLUSIVITY, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE IMAGES/FILES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TIBOLLI HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR EXPENSES ARISING OUT OF THIS LICENSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR EXPENSES FOR ANY: LOSS OF USE; LOST PROFITS; LOST BUSINESS; LOST OPPORTUNITY, LOST DATA; COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; AND, BUSINESS INTERRUPTION) WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND WHETHER OR NOT TIBOLLI OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR EXPENSE . THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS TIBOLLI, ITS PARENTS, SUBSIDIARIES, AFFILIATES ("GK HAIR INDIA ENTITIES"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, LICENSORS AND DISTRIBUTORS AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, SUITS, LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION EXPENSES) INCURRED BY THE TIBOLLI ENTITIES, ARISING OUT OF OR RELATING TO (A) YOUR VIOLATION OR BREACH OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY OF THIS LICENSE; (B) YOUR USE OF THE IMAGES/FILES; OR (C) YOUR VIOLATION, ALLEGED VIOLATION, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADEMARK, COPYRIGHT, PATENT, TRADE SECRETS) OR NON-PROPRIETARY RIGHT OF A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, DEFAMATION, LIBEL, VIOLATION OF PRIVACY OR PUBLICITY). YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS INDEMNITY SHALL BE DEEMED TO APPLY TO, AND EXIST FOR THE BENEFIT OF, GK HAIR INDIA AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, LICENSORS AND DISTRIBUTORS.

GENERAL

This License and the Distribution Agreement constitute the entire agreement between you and GK Hair India, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. You may not assign this License without the written permission of GK Hair India, however GK Hair India may assign this License at any time. Neither any failure nor any delay on the part of either party hereto in exercising any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise or any right hereunder preclude any other or further exercise thereof or the exercise of any other right. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. This License shall be governed by, and construed in accordance with, the laws of India. You agree that, except as set forth below, all actions, claims, disputes and proceedings arising in connection with this License, your obligations hereunder or any alleged breach hereof, shall be tried and litigated solely and exclusively in the Court of India. You further agree that you shall be subject to personal jurisdiction in India and consent to any and all actions or proceedings brought therein arising out of this License, your obligations hereunder or any alleged breach hereof. The aforementioned choice of forum clause is intended by the parties to be mandatory and not permissive in nature thereby precluding the possibility of litigation between the parties in any other forum or jurisdiction; provided, however, that nothing contained herein shall preclude GK Hair India from bringing an action or proceeding in any jurisdiction seeking an injunction or other equitable relief against you. You hereby waive any right that you might have to assert that any litigation between the parties should be maintained in a different forum or jurisdiction for any reason including, without limitation, based on the doctrines of forum non-convenience or improper venue, or any similar theory.

LEGAL DISCLOSURE

GK Hair India may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier, (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Sites or the public.

SHIPPING POLICY

Each order is shipped within 3 to 5 working days. GK hair products can be shipped anywhere around the world. Your order will be delivered to the shipping address provided through your registration on gkhair.co.in.

SHIPPING IN INDIA

The shipping cost will vary from state to state. Shipping cost will be determined on three parameters.

1. Weight

2. Size

3. Address (Residential Addresses constitute additional charges)

All shipping will be delivered by the concerned courier service.

INTERNATIONAL SHIPPING

For shipping outside India standard-shipping rates will be applied depending on the destination country.

TRACKING ORDER:

An email will be sent to user when he/she purchases an item from gkhair.co.in. The email will comprise an order status to track your order status by regularly visiting the website.

EXPECTED TIME TO RECEIVE:

The Maximum time to deliver a product to the Customer is 7 working days after After successful shipping.

RETURN POLICY

To get a full product refund due to damaged goods bought from gkhair.co.in, the company must be informed within 2 days of the product delivery date by sending a product photo and clarification of the issue to support@gkhair.co.in

PLEASE NOTE THE FOLLOWING FOR RETURN POLICY:

1. Product damaged by the customer will not be eligible for return

2. Refunds will only be processed when the item is received by gkhair.co.in

3. Refunds will only be proceeded on furnishing of original receipt issued by gkhair.co.in

4. Once returned product is received, The refund will be made to the original payment method used by the customer while placing the order or to the customer’s bank account by the bank transfer method as required.

5. All other costs incurred for shipping / returns will be borne by the customer/ Distributor.

You can also contact customer support for India at support@gkhair.co.in and contact number +91-7669011756.