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Terms & Conditions

Oleum Cottage (“Oleum”) is operated by Cocoburra Cosmeceuticals Pvt Ltd and is located at Shop Ground floor, Shop No. 49, Heera Panna Mall, Hiranandani, Powai, Mumbai-400076 .  These Terms and Conditions (“T&C”) are for visitors who visit this website of Oleum and those who create an account with us at Oleum (“Visitors”). 

 

All Visitors’ use of this website and services and tools are governed by these T&C including the applicable policies which are incorporated herein by way of reference. When a Visitor visits or transacts on this website, the Visitor shall be subject to the policies that are applicable to the Website for such visits and transactions. By making visiting or transacting on this website, the Visitor is enters a binding legal agreement with Oleum on the terms and conditions as included in the T&C and other policies of this website. Oleum reserves all rights to change / alter these Terms and Conditions at anytime, in its sole discretion, and without giving any notice to any Visitor. Any continued use of the website thereafter by a Visitor constitutes the said Visitor’s agreement to all such changed T&C. Oleum may, with or without prior notice, terminate any of the rights granted by these T&C. 

 

The Visitor agrees to abide by all terms, conditions, obligations and covenants prescribed herein in these T&C, including any special warnings or instructions for access or use posted on this website. In particular, all Visitors warrant and represent that all information submit on this site, including without limitation, their contact details, payment details, correspondence address and all other information submitted shall be true and accurate. 

 

The Visitor warrants and represents that they are fully capable and legally permitted to enter into agreements enforceable inter alia in India. If a Visitor is a minor or of an unsound mind, then they are not eligible to enter into these T&C and thereby ineligible to visit or transact on this website. If they have registered with Oleum, then Oleum shall terminate their account if and when their legal incapacity to enter into agreements comes to Oleum’s attention. 

 

The Visitor warrants and represents that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Oleum immediately. Oleum shall be entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Oleum reasonably believes that any of the provided information may be inaccurate and such registration will be restored once the Visitor furnishes/ confirms all information to the satisfaction of Oleum.

 

The Visitor hereby agrees to pay all costs, charges, expenses, duties and all applicable taxes for all the purchases made from Oleum.

 

The Visitor warrants and represents that they shall act always in accordance with the law, custom and in good faith. No Visitor shall make any change or alteration to this website or to any content or product or services that may appear herein and shall not impair the integrity or operation of this website in any way. Without limiting the generality of any other provision of these Terms and Conditions. If a Visitor defaults negligently or willfully in abiding by any of the obligations set forth herein, then the Visitor shall be liable for all the consequential losses and damages that this may cause Oleum or its affiliates.

 

Oleum is the owner / authorised agent of all the rights, interest and title, including but not limited to the intellectual property rights, trade secrets, know how, confidential information, etc in relation to this website, the contents of this website, the products displayed on this website and all other rights related to this website. The trademarks associated with Oleum, including but not limited to the name, logo and other identification marks of Oleum / its affiliates , are the exclusive property of Oleum / its affiliates and no third party is authorised to make any use of the same without the written permission from Oleum / its affiliates.

 

Subject to the covenants, obligations, and understandings herein, Oleum hereby provides the Visitor with a limited, non-exclusive non-transferable license to access and use this website. The Visitor may display the website on their internet browser exclusively for the purposes of browsing and / or purchasing the products listed on this website. The Visitor shall not, under any circumstances, use this website for any commercial use or for any use on behalf of any third party, except as explicitly permitted by Oleum in in advance in writing. If a Visitor uses this website for any purpose other than the purpose provided for in here then Oleum shall immediately revoke the license granted to the Visitor in this paragraph without any notice to the Visitor.

 

All Visitors are forbidden from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling or otherwise exploiting this website or any part of the website including but not limited to its contents and the products herein, without the express written permission of Oleum. All Visitors agree and understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution for inter alia accessing data unlawfully or without consent, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, taking any action in order to obtain goods to which the Visitor is not entitled, etc.  Oleum reserves all its rights to refuse any and all services, terminate accounts of the Visitor, cancel any orders at its sole discretion, if Oleum becomes aware of any violation / breach of any terms of these Terms & Conditions by the Visitor.

 

All Visitors are prohibited from uploading or publishing any content, information or other material to this website that (a) could infringe the proprietary rights, including intellectual property rights, of any person; (b) would be libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability; or (c) includes any viruses, worms, trap doors, Trojan horses, solicitations, bugs, or other harmful code or properties, chain mails, or spam. 

 

All Visitors shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and the Rules thereunder as amended from time to time and also all applicable local laws, rules and regulations and International Laws, Foreign Exchange Laws, regarding Visitpo’s use of Oleum’s website and the Visitor’s purchase, solicitation of offers to purchase, and sale of products or services. No Visitor shall engage in any transaction in respect of any goods or services, which are prohibited by the provisions of any applicable law for the time being in force.

 

All content posted or submitted by a Visitor to this website, including but not limited to any data, text, software, ideas, know-how, techniques, questions, graphics, images, reviews, comments, messages, suggestions ("Submissions") is and shall be treated as non-proprietary and non-confidential. Oleum shall have a the royalty free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivatives from such Submissions, by any means and in any mode or manner. Oleum shall also have full rights to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Visitors agree and acknowledge that their Submissions will not be returned and Oleum may use these Submissions without payment of any monetary or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

 

This website is presented on an “as is” basis. Oleum has taken all reasonable steps to ensure that the product descriptions and details are accurate and updated timely. To the extent permittable, Oleum does not warrant that the product descriptions, details, information or other any other content available on this website would be completely error free and absolutely accurate, comprehensive, reliable or current. Oleum makes no express or implied representations or warranties of any kind whatsoever in connection with these T&C or this website, 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.

 

All Visitors agree that Oleum will not be held liable or otherwise responsible, whether in contract, tort (including negligence) or otherwise, under any circumstances, for any (i) delays or interruptions to accessing this website (ii) interruption of business; (iii) data non-delivery, mis-delivery, corruption, destruction or other modification; (iv) damages or losses incurred as a result of any interaction or dealing with any third party or off-website links on the website; (v) bugs, trojans, viruses, system failures or malfunctions that occur in connection with use of the site, including by way of any hyperlink to or from third party websites (vi) any inaccuracies or omissions in content or (vii) events beyond our reasonable control.

 

The products being marketed and sold by Oleum are derived from natural formulations. Oleum takes great care to ensure that all our products are safe for human use and takes all reasonable steps and precautions for the same. Nevertheless, the possibility that certain individuals may be allergic to some of our ingredients or that our ingredients may adversely affect a few individuals with pre-existing medical conditions, cannot be ruled out. Visitors are instructed and advised to read the entire ingredients list and the accompanying usage instructions to make sure that the products being purchased are safe for them to use. It will be the Visitor’s sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of Oleum’s personal care products that they may be allergic to. Visitors agree that Oleum shall not be held responsible or liable for any product related issues, including without limitation any allergic reactions on account of usage of our products. For any Oleum products purchased by the Visitor, the Visitors shall inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.

 

To the extent permitted by law, Oleum shall not be held liable or responsible for any sort of indirect damage – whether special, punitive, incidental, or consequential damages of any kind, including lost profit - related to the Visitors’ use of this website regardless of the form of action whether in contract, tort (including negligence) or otherwise. Further, the Visitors agree and acknowledge that in no event whatsoever, shall the maximum aggregate liability of Oleum exceed Indian Rupees 2000 only.

 

All Visitors agree to defend, indemnify and hold Oleum harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from any breach by the Visitor of these T&C. Further, all Visitors agree to indemnify Oleum for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any use by the Visitor of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action of the Visitor which imposes an unreasonable burden or load on Oleum’s infrastructure. Additionally, all Visitors agree to indemnify Oleum and its affiliates against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of the Visitor’s use of this website, or by any other person using the Visitor’s computer, of any intellectual property or other right of any person, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of the communications issued by the Visitor to Oleum in any mode of communication.

 

These T&C shall remain in effect and valid unless and until terminated by either Oleum or the Visitor. Any Visitor can terminate these T&C at any time by discontinuing any further use of this website, provided that the Visitor deletes all materials downloaded or otherwise obtained from this website. Kindly note that any such termination shall not affect the Visitor’s obligation of completing the payment for any product purchased from Oleum. Also, such termination would not affect the clauses of these T&C that by their very nature would survive the termination of these T&C such as the provisions dealing with intellectual property, user content, warranties and representations, clauses pertaining to indemnity, limitation of liability, etc. Oleum may terminate these T&C as listed above in earlier clauses. In case Oleum terminates these T&C with any Visitor, then the Visitor shall immediately comply with the termination notice, including, as applicable, by ceasing all use of this website.

 

The law of India will govern theses T&C  and all disputes arising in respect hereof shall be exclusively referred to the jurisdiction of Courts at Mumbai. 

 

Any dispute regarding these T&C, including but not limited to any difference in interpretation or otherwise, between the Visitor and Oleum shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai. For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai. Without any prejudice to the foregoing, Oleum shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

 

All Visitors agree and acknowledge that these T&C constitute the complete and exclusive agreement between Oleum and the Visitor concerning the Visitor’s use of this website, and that these T&C supersede and govern all prior proposals, agreements, or other communications.

 

Nothing contained in these T&C shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between Oleum and the Visitor. Oleum’s failure to require the Visitor’s performance of any provision hereof shall not affect Oleum’s right to require such performance at any time thereafter, nor shall any waiver by Oleum of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 

 

If provision of these T&C is held to be unenforceable or invalid under any applicable law or by any applicable arbitral award or court decision, then such unenforceability or invalidity of that provision(s) shall not render the remaining provisions of these T&C unenforceable or invalid as a whole and instead, the T&C shall be modified, to the extent possible, by treating the provision as of it was not a part of these T&C. 

 

If there are any queries or concerns regarding these T&C, please get in touch with us at hello@oleumcottage.com

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