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Terms & Conditions

The nextskinapparel Web site located at www.nextskinapparel.com is a copyrighted work belonging to next skin apparel and accessories pvt ltd. NEX TSKIN APPAREL & ACCESSORIES PVTLTD  provides an online store offering something special every day.

By clicking “sign in” and entering or otherwise using our Web site or mobile applications (the “Web site”), you agree to and accept these terms and conditions. You also agree to and accept our Notice of Privacy Practices, which describes how we use the information you provide nextskinapparel and is incorporated into these terms and conditions by reference. Please read the terms and conditions and Notice of Privacy Practices carefully as you are agreeing to be bound by them.

1.Your account

1.1 Account Creation. In order to use certain features of the Web site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Web site), you must register for an account with NEXTSKINAPPAREL (“NEXTSKINAPPAREL Account”) and provide certain information about yourself as prompted by the Web site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Web site does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your NEXTSKINAPPAREL Account at any time, for any reason, by unchecking the e-mail preference box on the “My Account” section of the Web site. NEXTSKINAPPAREL may suspend or terminate your  Account in accordance with Section 11.

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your NEXTSKINAPPAREL Account login information. You are fully responsible for all activities that are associated with your NEXTSKINAPPAREL Account (including but not limited to any purchases, use of the Web site, or correspondence from your account to NEXTSKINAPPAREL). You agree to immediately notify NEXTSKINAPPAREL of any unauthorized use or suspected unauthorized use of your NEXTSKINAPPAREL Account or any other breach of security. When you provide NEXTSKINAPPAREL with such notice, NEXTSKINAPPAREL will suspend or otherwise secure your Account to prevent future unauthorized activity.

2.Terms of Sale

2.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. NEXTSKINAPPAREL reserves the right, at any time, to modify, suspend, or discontinue any Web site feature or the sale of any Product with or without notice. You agree that NEXTSKINAPPAREL will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Web site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or account charged. If your credit card o has already been charged for the order and we cancel your order, we will issue a credit to your credit card account account in the amount of the charge.

2.2 Payment Terms. For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). NEXTSKINAPPAREL will automatically bill your credit card  submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on NEXTSKINAPPAREL’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by NEXTSKINAPPAREL. All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.

2.3 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card  in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card for the cancelled portion of the order.

2.4 Shipping Policy.Any delivery dates provided by NEXTSKINAPPAREL are estimates. NEXTSKINAPPAREL reserves the right to make deliveries in installments.NEXTSKINAPPAREL will send you an email when your order has shipped and you may review your order and shipping information on your NEXTSKINAPPAREL My Account page. We ship within INDIA.

3.Web site

3.1 License. Subject to the terms of this Agreement, NEXTSKINAPPAREL grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Web site. This license does not include any resale or commercial use of the Web site features or content, or the right to access or use the Web site for any of the restricted purposes set forth in Section 3.2. NEXTSKINAPPAREL may terminate this license at any time for any reason.

3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site or its content without the express written consent of NEXTSKINAPPAREL; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site; (c) you shall not access the Web site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Web site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without NEXTSKINAPPARELs express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Web site without NEXTSKINAPPAREL’s express written consent. Any future release, update, or other addition to functionality of the Web site shall be subject to the terms of this Agreement.

3.3 Modification. NEXTSKINAPPAREL reserves the right, at any time, to modify, suspend, or discontinue the Web site or any part thereof with or without notice. You agree that NEXTSKINAPPAREL will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web site or any part thereof.

3.4 Ownership. You acknowledge that all intellectual property rights in the Web site, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content) are owned by NEXTSKINAPPAREL and its licensors, and neither the limited license granted in Section 3.1, nor our provision of the Web site under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property. NEXTSKINAPPAREL reserves all rights not granted in this Agreement.

4.User Content

4.1 User Content. “User Content” of a Web site user means any and all information and content that such user submits toNEXTSKINAPPAREL by any means, including through social media (e.g., Facebook, Twitter), or uses with the Web site (e.g., a user profile or a feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Web site as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by NEXTSKINAPPAREL. Because you alone are responsible for your User Content (and not NEXTSKINAPPAREL), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. NEXTSKINAPPAREL is not obligated to backup any User Content, makes no representation that it will do so, and you agree that NEXTSKINAPPAREL may delete User Content at any time.

4.2 License. By submitting your User Content or using it with the Web site , you automatically grant, and you represent and warrant that you have the right to grant, to NEXTSKINAPPAREL an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Web site. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

4.3 Feedback.NEXTSKINAPPAREL will treat any feedback, communications, or suggestions you provide to NEXTSKINAPPAREL as non-confidential and non-proprietary. Thus, in the absence of a written agreement with NEXTSKINAPPAREL to the contrary, you agree that you will not submit to NEXTSKINAPPAREL any information or ideas that you consider to be confidential or proprietary.

5.Acceptable Use Policy

The following sets forth NEXTSKINAPPAREL’s “Acceptable Use Policy”:

5.1 You agree not to use the Web site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

5.2 In addition, you agree not to commercially exploit the Web site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Web site.

5.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your NEXTSKINAPPAREL Account in accordance with Section 11, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your NEXTSKINAPPAREL Account username and password, IP address and traffic information, usage history, and your User

6.Disclaimers

The web site and products are provided “as-is” and as available and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. If applicable law requires implied warranties with respect to the products, then all such warrenties are limited in duration to ninety (90) days from the date of purchase.

Nextskinapparel does not warrant, endorse, guarantee, or assume responsibility for any product advertised or offered by a third party through this site and nextskinapparel will not be a party to or in any way monitor any transaction between you and third party providers of products or services. If a supplier provides an express warranty, that warranty is between you and the supplier and not nextskinapparel. Notwithstanding the foregoing, if a supplier of a product provides a warranty for the product and allows us to pass it through to you, we will pass it through to you.

7.Limitation on Liability

In no event shall nextskinapparel, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the web site, products, or third party sites, even if we have been advised of the possibility of such damages. Access to, and use of, the web site, products and third party sites are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited tozero.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

8.Copyright Claims

NEXT SKIN APPAREL AND ACCESSORIES Private Limited wants to respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

9. Trademarks

NEXTSKINAPPAREL and other marks indicated on our website are trademarks or registered trademarks of NEXT SKIN APPAREL AND ACCESSORIES  Private Limited  in the Indian jurisdictions. All other trademarks not owned by NEXT SKIN APPAREL AND ACCESSORIES Private Limited that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored BY NEXT SKIN APPAREL AND ACCESSORIES  Private Limited.

10.Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Web site. We may (a) suspend your rights to use the Web site (as well as your NEXTSKINAPPAREL Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Web site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your NEXTSKINAPPAREL Account and right to access and use the Web site will terminate immediately. You understand that any termination of your NEXTSKINAPPAREL Account may involve deletion of any User Content you may have posted. NEXTSKINAPPAREL will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your NEXTSKINAPPAREL Account or deletion of your User Content

11.General

11.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any material changes we will post notice of the changes on our Web site. These changes will be effective immediately. Continued use of our Web site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the any revision of these terms and conditions.

11.2 Governing Law.These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the non-exclusive jurisdiction of the Indian courts. Your statutory rights are not affected by these terms and conditions.

11.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Web site and the purchase of any Products on our Web site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without NEXTSKINAPPAREL’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.