Terms of Service

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS, INCLUDING THE CONSUMER PROTECTION (E-COMMERCE) RULES 2020, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF THE WEBISTE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING WWW.GETGREENIE.CO OR ANY OTHER WEBSITE, MOBILE VERSION OF THE WEBSITE OR MOBILE APPLICATION (THE TOGETHER “WEBSITE”) OR AVAILING ANY OF THE PRODUCTS OF GETGREENIE TECHNOLOGIES PRIVATE LIMITED( HEREINAFTER REFERRED TO AS “COMPANY” OR “US” OR “WE”) YOU INCLUDING THE PERSONS WHO BROWSES OR THE PERSONS WHO ORDERS THE PRODUCT AGREE TO BE BOUND BY ALL OF THE T&C MENTIONED HEREUNDER.

Only persons who can enter into legally binding contract under the Indian Contract Act, 1872 can use the Website and/or transact on the Website. Any minor who wishes to use or access the Website is required to conduct such transaction through their legal guardian or parents. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access and use the Website to conduct the transactions on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity

The Company reserves the right to amend or revise the T&C at any time by uploading a revised or amended T&C on the Website with or without prior notice. The amended T&C will be effective immediately after it is uploaded on this Website. Your access or use of the Website following any such changes constitutes your acceptance to follow and You shall be bound by these T&C, as amended. The version of the T&C that will apply to your order will be those uploaded on the Website at the time you use or access or place your order. For this reason, we encourage you to review these T&C each time you access and place your order. This T&C does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services. If you do not agree to this T&C (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this T&C, please press CTRL + P.

You may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Website.

We reserve the right to block any user and permanently disable user account if we believe in our sole discretion that action of such user has resulted in breach of fair usage policy or T&c.

Product

Company attempts to be as accurate as possible in the description of the product on the Site. However, Company does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site 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.

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 products.

WEBSITE:

Eligibility. Except as expressly provided below, Services may only be used by, and Membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services. Membership is defined by engaging in a purchase agreement with us. wherein you, the consumer purchase one of the products found on the Web Site. Compliance. You must comply with all of the terms and conditions of this TOS, the policies referred to below, and all applicable laws, regulations and rules when you use the Web Site. License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and materials on the Web Site in the normal course of your use of the Web Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Web Site, except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services. Prohibited Conduct. In your use of the Web Site and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Web Site or any web sites linked to the Web Site; (iii) interfere with or damage the Web Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Web Site or portions of the Web Site that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Web Site or the Services; (viii) use any meta tags or any other "hidden text" utilizing the Get Greenie Technologies Private Limited name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Web Site or Services; or (xi) assist any third party in engaging in any activity prohibited by this TOS. Other Users. If you become aware of any conduct that violates this TOS, We encourage you to contact Customer Service. We reserve the right, but will have no obligation, to respond to such communications.

User Content :

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (" User Content "), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that

belongs to another person and to which the user does not have any right to;

is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propoganda or otherwise unlawful in any manner whatever;

harm minors in any way;

infringes any patent, trademark, copyright or other proprietary rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Get Greenie Technologies Private Limited shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Get Greenie Technologies Private Limited does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by us. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Get Greenie Technologies Private Limited 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 Site. You hereby waive all rights to any claims against Get Greenie Technologies Private Limited for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that Get Greenie Technologies Private Limited has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves 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, Get Greenie Technologies Private Limitedhas the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at support@nykaa.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

Intellectual Property Rights

The Get Greenie name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks" ) of Get Greenie Technologies Private Limited. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Greenie Technologies Private Limited or others, are the intellectual property of their respective owners, and Greenie Technologies Private Limited shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Greenie Technologies Private Limited and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly ) of the content on the Site is the exclusive property of Greenie Technologies Private Limitedand are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents " ) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless Greenie Technologies Private Limited explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by NYKAA, any of its affiliates or by third parties who have licensed their materials to NYKAA and are protected by Indian copyright laws and international treaties.

Pricing

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

Company cannot confirm the price of the product until you make the order. If a product is listed at an incorrect price or with incorrect information due to any technical error, Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been delivered. In the event that an item is wrongly priced, the Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered, your offer will not be deemed accepted and the Company will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that Company accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Company’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

Terms Of Shipping And Delivery

We partner with third party logistic service providers in order to effectuate product shipping and delivery to you ("Logistic Partners"). We shall provide the details of the Logistic Partner which will be responsible for processing the shipping and delivery of any Product(s) purchased by you on the GetGreenie Platform at the time such Product is processed and successfully handed over to the Logistic Partner by us. The user will be provided with an estimated timeline for the delivery of the Product purchased from the GetGreenie Platform through email/ sms on the e-mail ID and/or mobile number provided by you/ registered with us. This estimated timeline shall be notified to the user on the order confirmation page displayed at the time the order is confirmed by us. You agree and understand that though we effectuate product delivery to the users through our Logistic Partners, we reserve the right to ship and deliver the Products on our own without engaging any Logistic Partners or third party service providers.

You agree and understand that though we endeavour to ship and deliver our Products all across India, we may, in our sole discretion determine a select list of areas which are unserviceable for delivery of Products. We or our Logistic Partners do not provide shipping and delivery services in such unserviceable areas and may not process your orders on our Platform in such cases. In the event an area has been deemed unserviceable by us, we shall notify such user at the time of placing an order for purchase of Products on our Platform. You may also verify whether an area is unserviceable for deliveries by us by entering the relevant area pin-code on our Platform.

You agree and acknowledge that to effectuate timely delivery of the purchased Products to you we may inquire or collect specific information like your name, shipping address, billing address, landmarks, contact details, etc. You shall ensure that all information that is submitted by you to us on the M&S Platform is true, complete, accurate and sufficient to identify the actual place of delivery. You understand that you shall bear absolute liability in case of any failure by us in delivering the purchased Products due to your failure to provide correct, complete, sufficient and accurate information at the time of placing the order. It is further clarified that we shall not be liable in any manner and at any point in time due to your failure to provide correct and complete information.

We will attempt to deliver the purchased Product to your designated address within the estimated timeline of delivery notified to you. In the event you are not available or present to accept the delivery of the Product, our Logistic Partners will make a maximum of three attempts to deliver the purchased Product(s) to you. If the last delivery attempt is unsuccessful and you continue to remain unavailable, we reserve the right to cancel the order of the purchased Products at our sole discretion and process the return of such Product to us. We further reserve the right to deduct the shipping and delivery charges borne by us while processing any refunds subsequent to such cancellation.

While we make reasonable endeavours in ensuring that purchased Products are delivered to you in a timely manner and within the timeline notified to you, you accept and acknowledge that the delivery may be delayed on account of:

(a) Logistical issues beyond our control;

(b) Unsuitable weather conditions;

(d) Acts of God such as floods, earthquakes, etc.;

(e) Other unforeseeable circumstances.

In such events of delay, we shall make reasonable attempt to inform you by writing to your email ID and/or mobile number registered with us. We disclaim all liabilities that may arise on account of our failure to inform or notify you of delays in the delivery of purchased Products on the M&S Platform. Further, we shall be under no obligation to compensate you for any claim that may otherwise arise on account of delay in the shipment or delivery or use of the purchased Products.

We endeavour to engage Logistic Partners, employees, agents with the highest regard for ethics and integrity; and behave in a fashion that exudes thorough professionalism, competence and good mannerism. You agree and acknowledge that the actions, inactions of delivery individuals are not in our control, and it is not possible for us to monitor and observe each delivery executive. Since we are merely facilitating delivery of a Product purchased by you, we shall not be liable for any acts or omissions on part of our delivery agents, employees, or personnel and/ or the Logistic Partner or their employees, agents, or personnel including deficiency in service, wrong delivery of Product, time taken to deliver the Product, Product package tampering, etc. For the sake of abundant clarity, it is stated that any ill-mannerism, impoliteness, discourtesy or offensiveness shown by our delivery executives or the employees, agents, personnel of the Logistic Partners is beyond our control and any issue arising between you and our delivery executive or an employee, agent, personnel of the Logistic Partner will have to be resolved by the you, independently. You agree and acknowledge that you will not hold us responsible or require us to settle, mediate or resolve any disputes between you and the delivery personnel delivering the Products to you.

Once you place an order on the our Platform, we process such order and hand over the purchased Product to our Logistic Partner. The user will receive a unique tracking identity number once the purchased Product is handed over to the Logistics Partner, which will enable the user in tracking the status of delivery of the purchased Products. The user may use the tracking identity number on the Get Greenie Technologies Private Limited Platform or the website and/or the mobile application of the Logistic Partner to check the status and location of the purchased Product and its estimated time of delivery. Our customer service team coordinates with the Logistic Partners to ensure that the Products are delivered to you at the earliest and make all reasonable efforts in ensuring that the Logistic Partners update the tracking status of the purchased Products on a real time basis. It is clarified that we engage third party service providers to effectuate deliveries of the products and hence, we do not guarantee the accuracy or correctness of the tracking status and the status may be subject to inconsistencies arising out of time-lags in updating the information and/ or other technical difficulties which are not in our control.

We reserve the right to charge or collect shipping fees (for delivery and/or return) on Products from time to time. Shipping charges may vary based on the value of the Product, type of Product, area of delivery, payment mechanism, etc. You agree that we are authorized to collect, on behalf of the Logistic Partner, the shipping and delivery fees for the service provided by the Logistic Partner. In the event we charge a shipping fees for the delivery of a purchased Product, such shipping fees will not be refunded by us pursuant to any return request raised by you. You acknowledge and accept that the title and risk of all products ordered by you shall pass on to you upon the delivery/ handover of the purchased Products to you.

Disclaimer Of Warranty and Limitation Of Liability:

THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, 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, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL 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, LOSS, THEFT, MISDELIVERY, 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 SITE; (e) 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 THE REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE 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. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.

.Indeminification:

You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of: (a) this T&C or the breach of your warranties, representations and obligations under this T&C; (b) the Website content or your use of the Website content; (c) the Products or your use of the Products (including trial products); (d) any intellectual property or other proprietary right of any person or entity; (e) your violation of any provision of this T&C; or (f) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; your failure to provide such assurances may be considered by the Company to be a material breach of this T&C. The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use of the Website or the Products.

Termination :

We will have the right to terminate your access to the Web Site if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Web Site and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Web Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Web Site.

General:

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site 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 Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture 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. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

Payment Methods