Your use of the Dermalogica Brand Website https://dermalogicaindia.com/(the “Website”) and all features provided in the Site are governed by the terms and conditions mentioned below (“these Terms”). By accessing or using the Webite, you agree to be bound by these Terms.
Dermalogica LLC. is the Owner of the brand “Dermalogica” and Hindustan Unilever Limited (HUL) is the authorised Distributor of Dermalogica Products in India. FUZION Ecomm LLPL is authorised supplier(“FUZION”) who is licensed to use and operate the Website and supply products to its customers using the Site. As a User of this Website and its services you are contracting with FUZION Ecomm LLP through these Terms.
These Terms are subject to change from time to time. Hence, you are requested to refer to these Terms from time to time on notice of change being given to you. Your continued use of this Website will mean that You accept and agree to the revisions.
Your Profile & security:
Shoppers have to register and login for placing Orders on the Webite. As part of the registration process on the Webite, FUZION may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, postal code, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
You shall be responsible for maintaining the confidentiality of your login ID and Password and preventing unauthorized access into your profile. You shall be responsible for all activities that occur under your Login ID.
You agree to:
immediately notify FUZION of any unauthorized use / breach of your password or account or where you have reason to believe that your account may be used in an unauthorized manner; and
ensure that you exit from your account at the end of each session.
You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, FUZION shall have the right to indefinitely suspend or terminate or block access of the Website to you.
Services of the Website are available only in India and to persons resident in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years of age you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
Pricing& Availability of Products
FUZION strives to provide accurate product and pricing information, however errors may occur. FUZION 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, FUZION 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 a product is wrongly priced, FUZION 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 FUZION will have the right to modify the price of the product and contact you for further instructions using the e-mail address / mobile number 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 FUZION accepts your order and you are debited for the price, the payment may be processed prior to dispatch of the product that you have ordered. If FUZION has to cancel the order after the payment has been processed, the said amount will be reversed to your credit / debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF FUZION. FUZION may revise and cease to make available any product at anytime. In the event, FUZION 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 cancelled 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. FUZION shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
Colours& Products Description
Every effort is made to display the colours of products that appear on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
FUZION attempts to be as accurate as possible in the description of the product on the Website. However, FUZION does not warrant that the product description, colour, information or other content on 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.
FUZION 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.
Cancellation, Return & Refunds
Cancellation by FUZION - If FUZION suspects any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the Website, FUZION at its sole discretion could cancel such orders. FUZION will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
For terms applicable for cancellation, returns and replacements by customers and shipping policy , please see our policy on the subject at the link https://dermalogicaindia.com/pages/terms-and-conditions.
Limited License and Use of Site
FUZION 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, are reserved and retained by the Website and its affiliates.
FUZION 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 the Website.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
That in the event a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by FUZION for redelivery shall be claimed from you.
That you will use the services provided by the Website for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale, conditions of Usage for the product included in the item's description and will not hold us responsible for your failure to do so.
You shall not use any false address, impersonate any person or entity, or otherwise mislead FUZION by sharing multiple address, e-mail Ids and phone numbers or transacting with malafide intentions.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You agree that you are responsible for all data charges you incur through use of the Site.
You agree that any grievance related to use of Website must be filed within 15 days after such grievance arose; otherwise, your grievance is permanently barred.
UNAUTHORISED USE OF THE WEBSITE AND ITS CONTENT
You shall not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to the Site.
Downloading the pictures, images, articles, content or any portion of it or copying or gathering through extraction tools or any other means for any commercial use or purpose or training.
Reproduction, duplication, copying selling, visiting, distributing or otherwise exploiting this Website or any portion of it for commercial purposes without the express consent of Owner.
Adopting similar or identically similar Trademarks as that of the Website, framing or use of framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Owner without express written consent.
Use of any meta tags or any other "hidden text" utilising Dermalogica or other trademarks without the express written consent of Owner.
Any unauthorized use terminates the permission or license granted by FUZION.
INTELLECTUAL PROPERTY RIGHTS NOTICE
Dermalogica LLC, its distributors and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Dermalogica or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to FUZION from HUL. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of HUL. You may not modify, distribute or re-post anything on this website for any purpose.
The names, logos and all related product and service names, design marks and slogans are the trademarks or service marks of Unilever Group or Dermalogica LLC. References on this 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 and do not in any way constitute or imply FUZION or HUL or Dermalogica LLC endorsement, sponsorship or recommendation of the third party, information, product or service. FUZION or HUL or Dermalogica LLC 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. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or 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. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.
All software used on this Website is licensed to HUL or is the property of HUL or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by HUL / Unilever, one of its affiliates or by third parties who have licensed their materials to HUL and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Dermalogica LLC and is also protected by Indian and international copyright laws.
DISCLAIMERS, INDEMNITY & RELEASE
YOU SHALL INDEMNIFY AND HOLD HARMLESS FUZION, HUL, ITS SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM ANY CLAIM OR DEMAND, OR ACTIONS INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY OR PENALTY IMPOSED DUE TO OR ARISING OUT OF CLAIMS BASED UPON YOUR ACTIONS OR INACTIONS, WHICH MAY RESULT IN ANY LOSS OR LIABILITY TO HUL/ UNILEVER OR FUZION OR DERMALOGICA LLC OR ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO BREACH OF ANY WARRANTIES, REPRESENTATIONS OR UNDERTAKINGS OR IN RELATION TO THE NON-FULFILMENT OF ANY OF YOUR OBLIGATIONS UNDER THESE TERMS 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.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. FURTHER NO CLAIM FOR REFUND OR EXCHANGE OR RETURN CAN BY BROUGHT BEYOND THE TIME PERIOD MENTIONED IN OUR POLICY FOR THIS PURPOSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS TERMS UNDER ANY CIRCUMSTANCES WHATSOEVER, HUL OR FUZION SHALL NOT BE LIABLE FOR ANY INCIDENTAL, ANCILLARY, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS OR INJURY OR DEATH, WHETHER IN CONTRACT OR BASED ON ANY THEORY OF LIABILITY.
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between HUL, FUZION or Dermalogica LLC. In the use of the Website services and placing orders for purchase of products you are contracting with FUZION, a vendor of HUL.
This clause shall survive the expiry or termination of these Terms.
While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the prices), software, products, services and related graphics are provided as is, without warranty of any kind.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Dermalogica LLC. . Such disclosure, submission or offer of any Comments shall constitute an assignment to Dermalogica LLC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Dermalogica LLC owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Dermalogica LLC will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Dermalogica LLC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". FUZION does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant FUZION the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify FUZION and its affiliates for all claims resulting from any Comments you submit. FUZION and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, HUL and/or FUZION and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
FUZION’S ABSOLUTE RIGHTS & OBLIGATIONS IN CERTAIN CASES
FUZION and HUL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you.
FUZION and HUL may suspend or terminate your use of the Website if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until FUZION chooses to terminate them.
FUZION and HUL reserves the right to force forfeiture of any username for any reason as it deems fit to protect FUZION interests or interests of other users.
Failure by FUZION to take an action on your breach of these Terms on any instance shall not preclude FUZION to take action in respect of the same or other subsequent breach at any other point of time.
FUZION shall not be liable for any failure to comply with its obligations caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, acts of God or any other circumstances amounting to Force Majeure (including the operation or disruption of the internet/ telephone systems).
FUZION shall also not be responsible for any loss or damage if it has to discontinue the App in compliance with any law, ruling, order, regulation, requirement or instruction of any Central/State Government or for any other unavoidable reason beyond its control. The participants shall be informed of such discontinuance/ cancellation at the earliest.
For any clarification on these Terms and Conditions, please contact at the details provided at https://dermalogicaindia.com/pages/contact-us . FUZION will not be responsible incase any of the terms of the App are misunderstood or misconstrued by the user.
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between users and FUZION and users shall have no authority to bind FUZION in any manner whatsoever;
FUZION accepts no liability for any errors or omissions, whether on behalf of itself or any Third Parties;
Disputes if any, shall be subject to Mumbai jurisdiction only.
These terms constitute an agreement and is effective unless and until terminated by either you or FUZION. You may terminate These terms at any time, provided that you discontinue any further use of this Site. FUZION may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to the Website, Such termination will be without any liability to FUZION. Upon any termination of these Terms by either you or FUZION, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under These Terms or otherwise. FUZION's right to any Comments shall survive any termination of these Terms. Any such termination of the These Terms shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these Terms.