Terms and Conditions
TERMS & CONDITIONS
This website www.lifegatewellness.in (“Website”) is owned and operated by Lifegate Pharmaceuticals Private Limited, a company incorporated in Bangalore, India (“Lifegate”, “we” or “us”). Regardless of your means of access to our site either from a computer or mobile phone device (through an iOS or Android application, for example) these terms of use (“Terms of Use”) govern your use of our Website and your conduct in connection therewith. These Terms of Use govern all the products, services and content offered on the Website including the blogs and consultation services. The Website is only to be used for your personal non-commercial purposes. Your terms of use shall be governed by these Terms of Use along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together "Policies") and is up to the discretion of Lifegate to amend said terms from time to time. By accessing or using the Website, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING . If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Website. You are responsible to ensure that your access to this Website and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material. Lifegate reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time in its sole discretion. If Lifegate decides to change the Terms of Use or Policies, or any part thereof, Lifegate will post the new version of the Terms of Use or the Policies on the Website and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Website. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies. For this reason, you should frequently review these Terms of Use, our and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Website.
2. YOUR ACCOUNT
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Website is under the supervision of their guardians. Lifegate or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that you have all the requisite rights (including licenses) to share the information you provide through this Website and hereby confirm that the sharing of such information does not infringe any rights of a third party in whatsoever nature. If you are accessing, browsing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Lifegate. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Lifegate’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
3. PRODUCT & SERVICES INFORMATION
Lifegate attempts to be as accurate as possible in the description of the product on the Platform. However, Lifegate does not warrant that the product description, color, information or other content of the Website is accurate, complete, reliable, current or error-free. The Website 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. Lifegate 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 product or services.
4. PRODUCT USE & SERVICES
The products and services available on the Website, [and the samples, if any, that Platform may provide you,are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons. In case any products or beauty services purchased / received / availed from Lifegate cause side effects or do not suit you, please note that Lifegate is in no manner responsible for any manufacturing side-effects or service provider and such manufacturer or service provider shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.
5. RECOMMENDATION OF THE PRODUCT & SERVICES
Any recommendation made to you on the Website during the course of your use of the Website is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by Lifegate or any of its associates in any manner.
6. PRICING INFORMATION
Lifegate strives to provide accurate product and pricing information, however errors may occur. Lifegate Wellness cannot confirm the price of the product until you make the order. Without limiting the generality of the Cancellations, and Refunds and Returns provisions, mentioned hereinbelow, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, Lifegate shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, Lifegate 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 and the services are availed, your offer will not be deemed accepted and Lifegate 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 Lifegate 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 Lifegate dispatching 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. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF LIFEGATE. Lifegate may revise and cease to make available any product/ services at any time. In the event, Lifegate is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically canceled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Lifegate shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
7. CANCELLATIONS, REFUNDS AND RETURNS
Please refer to our Cancellation, Refunds and Returns Policy provided on our Website.
8. MODE OF PAYMENT
Payments for the products available on the Website may be made in the following ways:
- Payments can be made by credit cards, debit cards and through net banking.
- Credit card, debit card and net banking payment options are instant payment options and recommended to ensure faster processing of your order.
- Cash On Delivery option is not available at this time.
9. SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery Policy provided on our Website, as amended from time to time.
10. CHAT FUNCTIONALITY
The Chat Functionality has been provided to help you with any and all Website-related queries. Any use of this service shall be subject to the following conditions: Lifegate may suspend the chat service at any time without notice. Lifegate or its executives are not responsible for any delay caused in attending to or replying to the queries via chat. Communication through chat may be stored by Lifegate for future reference, and the user of such service will not have the right to access such information at any future date. While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information. The chat room shall not be used to sell any products, to give suggestions on business opportunities or any other form of solicitation. You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
11. 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 not to yourself and to not encourage or assist or engage others to transmit, host, display, upload, modify, publish, update or share 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; impersonates 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. Lifegate 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. Lifegate does not endorse or control the User Content transmitted or posted on the Website by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Lifegate. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Lifegate 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 hereby waive all rights to any claims against Lifegate 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 Lifegate 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 of Use, Lifegate has the right to remove any User Content that violates these Terms of Use 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 of Use or infringe the rights of others. If you wish to delete your User Content uploaded on our Website, please contact us by email at sales@lifegatepharma.in. Please include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Website 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.
12. INTELLECTUAL PROPERTY RIGHTS
The "Lifegate Pharmacy & Wellness", "Lifegate Wellness" and "Wellness Wallace" 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 Lifegate Wellness. 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 Website. Access to this Website does not authorize anyone to use any Marks in any manner. Marks displayed on this Website, whether registered or unregistered, of Lifegate or others, are the intellectual property of their respective owners, and Lifegate shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks. Lifegate 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 Website, including its looks and feel. The compilation (meaning the collection, arrangement and assembly ) of the content on the Site is the exclusive property of Lifegate and is protected by the Indian copyright laws and International treaties. Consequently, the materials on this Website 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 Website (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 Website for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the homepage of the Website for personal, non-commercial use only. The Contents and software on this Website 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 Website is strictly prohibited. Unless Lifegate explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Lifegate, any of its affiliates or by third parties who have licensed their materials to Lifegate and are protected by Indian copyright laws and international treaties.
13. LIMITED LICENSE
Lifegate grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non commercial use of the Website. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Website and its affiliates. Lifegate reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Website and to block and prevent your future access to the Website.
14. REPRESENTATIONS AND WARRANTIES
This Website is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Website in terms of their correctness, accuracy, reliability, or otherwise. Lifegate shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Website. You acknowledge that this Website is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Lifegate shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. Lifegate does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website. Lifegate through the Website intends to provide its users with general information about healthcare and wellness topics and products. The Website encourages its users to interact with Lifegate and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Website or on social networking sites, including the Website’s Facebook page, or any information provided over chat or e-mails exchanged with Lifegate, its employees or representatives (collectively referred to as "Information") which are in furtherance of any communication made by the user with Lifegate, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestions or be used for any medical diagnosis or treatment. While Lifegate takes reasonable care to ensure that the Information is accurate, Lifegate makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by Lifegate or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Lifegate, its employees, representatives or affiliates be liable for the Information or the consequences of relying on such Information. In keeping with Lifegate’s objective of providing its users with general information about beauty and healthcare topics and products, Lifegate engages experts having knowledge of in their respective fields ("Experts") to respond to queries posted by users. Any information provided by the Experts, either over the Site, through e-mails, chat rooms or on social networking sites, including the Site's facebook page (collectively referred to as "Expert's Opinion") is based on the Expert’s personal opinion. The Expert's Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. Lifegate makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert's Opinion. In case any user relies on such Expert's Opinion, he/she may do so at its own risk. Under no circumstances will Lifegate, or any of its employees, representatives or affiliates be liable for such Expert's Opinion or for the consequences of relying on such Expert's Opinion. For any general information posted on the Website, users must not infer or assume that such information necessarily applies to them.
17. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE 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, EMPLOYEES, DIRECTORS, 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 NYKAA. 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, EMPLOYEES, DIRECTORS, 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.
16. LINKS AND THIRD PARTY SITES
References on the Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Lifegate endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Lifegate and those third parties. Lifegate is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Lifegate does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Website. We shall not be responsible 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 via the Website.
17. TERMINATION
These Terms of Use are effective unless and until terminated by either you or Lifegate. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Website. Lifegate may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Website, such termination will be without any liability to Lifegate. Upon any termination of the Terms of Use by either you or Lifegate, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the Terms of Use.
18. INDEMNITY
You agree to defend, indemnify and hold harmless Lifegate, its affiliates and its and their respective employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to any such indemnified person or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.
19. GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the courts at Bengaluru shall have exclusive jurisdiction. Without any prejudice to particulars listed in Clause 13 above, Lifegate 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. If you have any questions regarding these Terms and Conditions, please email us at sales@lifegatepharma.in
CONTACT INFORMATION:
Customer Service Desk
E-mail id: sales@lifegatepharma.in
Phone: +91 8105741561Contact Days: Monday to Saturday (9:00 a.m. to 8:00 p.m.)