Terms Of Use
Haya by Sana Khan provides the content and services available on this website to you
subject to the following Terms and Conditions, our Privacy Policy, Payment Policy and other terms and conditions
and policies which you may find throughout our website in connection with certain functionality, features or
promotions as well as customer service, all of which are deemed a part of and included within these terms and
conditions (collectively, “Terms and Conditions”). By accessing or using this website, you are acknowledging
that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms
and Conditions in this Agreement, so please read this carefully before proceeding.
Privacy
Please review our Privacy Policy so
that you may understand our privacy practices.
Shipping
Policy
Please review our Shipping Policy
so that you may understand our delivery practices.
Payment
Policy
We are currently taking orders only from India and not
international orders.
Products And Services For Personal
Use
The products and services described on this website, and
any samples thereof we may provide to you, are for personal use only. Images may differ in appearance from the
actual product. You may not sell or resell any of the products or services, or samples thereof, you receive from
us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services
to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and
Conditions.
Accuracy Of Information
We attempt to be as accurate as possible when describing our products on the website.
However, except to the extent implied by applicable law, we do not warrant that the product descriptions,
colours, information or other content available on the website are accurate, complete, reliable, current, or
error-free.
Intellectual Property
All information and content available on the website and its “look and feel”, including
but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips,
data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is
the property of Haya By Sana Khan, our Affiliates, partners or licensors, and is protected by laws of India,
including laws governing all applicable forms of intellectual property.
Except as set forth in the limited licenses in Section 6, or as required under
applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied,
sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our
express, prior written consent.
Limited
Licenses
We grant you a limited, revocable, and non-exclusive
license to access and make personal use of Haya By Sana Khan website. This limited license does not include the
right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish,
redistribute, transmit, sell, license or download the website or any and/or all Content (except caching or as
necessary to view the website); (c) make any use of the website or any and/or all Content other than personal
use; (d) modify, reverse engineer or create any derivative works based upon either the website or any and/or all
Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or
any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or
similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or
load on our infrastructure. You must retain, without modification, all proprietary notices on the website or
affixed to or contained in the website.
We also grant you a
limited, revocable, and nonexclusive license to create a hyperlink to the home page of the website for personal,
non-commercial use only. A website that links to the website (i) may link to, but not replicate, any and/or all
of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not
misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful,
obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our
products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or
associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website
other than the home page. We may, in our sole discretion, request that you remove any link to the website, and
upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and
expressly authorized in writing by us to resume linking.
Any
unauthorized use by you of the Haya By Sana Khan website or any and/or all of our Content automatically
terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by
applicable law or these Terms and Conditions.
Your Obligations
And Responsibilities
In the access or use of the Haya By Sana
Khan website, you shall comply with these Terms and Conditions and the special warnings or instructions for
access or use posted on the website. You shall act always in accordance with the law, custom and in good faith.
You may not make any change or alteration to the website or any Content or services that may appear on this
website and may not impair in any way the integrity or operation of the website. 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 Haya By Sana Khan, our Affiliates, partners or licensors.
Third Party Links
We are not
responsible for the content of any off-website pages or any other websites linked to or from the Haya By Sana
Khan website. Links appearing on this website are for convenience only and are not an endorsement by us, our
affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any
off-website pages or other websites is at your own risk. We are in no way responsible for examining or
evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from
the site, nor do we assume any responsibility or liability for the actions, content, products, or services of
such pages and websites, including, without limitation, their privacy policies and terms and conditions. You
should carefully review the terms and conditions and privacy policies of all off-website pages and other
websites that you visit.
Special Features, Functionality And
Events
Haya By Sana Khan may offer certain special features and
functionality or events (such as contests, promotions or other offerings) which may (a) be subject to terms of
use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or
by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you
agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or
policies.
Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our
policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other
information you provide us (collectively, “Submissions”) will be treated as non-proprietary and
non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you
hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell
or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part,
creating derivative works from, distributing and displaying any Submission in any form, media, or technology,
whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in
connection with our products or services. You also acknowledge that your Submission will not be returned and we
may use your Submission, and any ideas, concepts or know-how contained therein, without payment of money or any
other form of consideration, for any purpose including, without limitation, developing, manufacturing,
distributing and marketing products.
If you make a Submission, you
represent and warrant that you own or otherwise control the rights to your Submission. You further represent and
warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain
letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or
entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims
arising from or in connection with any claims to any rights in any Submission or any damages arising from any
Submission.
User Content
When you transmit, upload, post, e-mail or otherwise make available data, text,
software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on
the website, you are entirely responsible for such User Content. Such User Content constitutes a Submission
under Section 10 above. This means that all third parties, and not we, are entirely responsible for all User
Content that they post to the website. You agree not to engage in or assist or encourage others to engage in
transmitting, uploading, posting, e-mailing or otherwise making available on the website 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, 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 and/or
intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or
otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or
promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to
(i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any
person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm
any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable
local, state, national or international law; or (v) collect or store personally identifiable data about other
users.
We do not endorse or control the User Content transmitted or
posted on the Haya By Sana Khan website and therefore, we do not guarantee the accuracy, integrity or quality of
User Content. You understand that by using this website, you may be exposed to User Content that is offensive,
indecent or objectionable to you. Under no circumstances will we 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 website.
You acknowledge that we
have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and
we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the
foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content
that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse
service without prior notice for any users who violate these Terms and Conditions or infringe the rights of
others.
Representations And Warranties And Limitation Of
Liability
Haya By Sana Khan website presents “As Is”. We make
no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and
conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness
for a particular purpose, except to the extent such representations and warranties are not legally
excludable.
You agree that, to the fullest extent permitted by
applicable law, we will not 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, mis-delivery, 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 website; (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 our reasonable control.
Please make
yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that
they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional
medical/ dermatological advice before using any of our personal care products that you may be allergic to. You
agree that Haya By Sana Khan will not be responsible or liable for any product related issues including without
limitation any allergic reactions to you on account of usage of our products. For any purchases made through the
Haya By Sana Khan, you will inter alia be governed by the limitation of liability and disclaimer conditions
provided in more detail with the product packaging/leaflets.
You
agree that no claims or action arising out of, or related to, the use of the website 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.
Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs,
including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from
your use of Haya By Sana Khan or breach of these Terms and Conditions. You also agree to indemnify us 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 our infrastructure.
Disputes
With respect to any dispute
regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions
shall be governed by the laws of India and the courts of Mumbai, India, as if the Terms and Conditions were a
contract wholly entered into and wholly performed within Mumbai, India, subject to foreign legal mandatory
provisions.
Consent To Receive Notices Electronically By Posting
On The Website And Via Email
You consent to receive any
agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and
Conditions refer from us electronically including without limitation by email or by posting notices on this
website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that
such communications be in writing in English. To withdraw your consent to receive Notices electronically, you
must notify us of your withdrawal of such consent and discontinue your use of this website. In such event, all
rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses
set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of
this website to any user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election
you may make with respect to receipt of marketing communications. Your options with respect to receipt of
marketing communications are set forth in our Privacy Policy.
General
You acknowledge and agree that
these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the
website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at
any time by posting the changes on the website and providing notice of such change. Any changes are effective
immediately upon posting to the Site and release of notice of such change. Your continued use of the website
thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior
notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any
termination or other notice, including, as applicable, by ceasing all use of the website.
Nothing contained in these Terms and Conditions shall be construed as creating any
agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of
any provision hereof shall not affect our full right to require such performance at any time thereafter, nor
shall our waiver of a 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.
All rights reserved.