Terms and Conditions – XO Curls

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Terms and Conditions

  1. Overview

The following website is operated by https://xocurls.in/ . The terms – “we”, “us” and “our” refers to XO Curls, throughout the website.

By visiting our site and/or purchasing our product, you engage in our “Service”. You agree to be bound by the following terms and conditions. This includes those additional terms and conditions, and policies reference, as well as the ones available by hyperlink.

The following Terms of Service apply to all users of the website, including the without limitation users who are browsers, vendors, merchants, customers and/or contributors of content.

Before gaining access to our website, we kindly request you to read our Terms of Service. By using and/or accessing any part of our website, you agree to be bound to/by these Terms of Service.

If you do not agree with these terms of service, we kindly request you to not access our website or make use of our services.

  1. Online Store Terms

By agreeing to these terms, you imply that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence. It also implies that you have given us your consent to allow any of your minor dependents to use our site.

You may use the website for its intended purpose and nothing more. You agree that you will not engage in any activity that interferes with or disrupts our website or the servers and networks that host it. You are not to deceive, disable or interfere with security-related features of the site. You are not to interfere with, or restrict, any individual from accessing or using our site.

You are not to use our product for any illegal or unauthorized purpose nor may you, in the use of the Service or violate any laws in your jurisdiction (including but not limited to copyright laws). Transmission of viruses or any codes or worms of destructive nature is strictly prohibited.

Any breach or violation of any of these terms will lead to immediate termination of your services. The right to refuse service to anyone for any reason at any time rests with us.

  1. Personal Information

Your personal information will be treated as private and confidential. Credit card details will be an exception since it is always encrypted during transfer. The information will only used or disclosed for purposes directly related to our core business.

Your personally identifiable information will not be traded, sold or transferred to outside parties. This statement does not include those trusted parties who assist us in our operating our website, conducting our business and servicing you.

We will release your information only when we believe it is necessary to do so, to comply with the law, or protect ours or our third party’s rights, property, or safety.

  1. Product and Services

We make no guarantee that the quality of our products, services, information, or other materials you buy or get from us will match your expectations, or that any glitches in the service will be fixed.

We have tried to accurately portray the colours and images of our products on our website, but we cannot guarantee that the colour seen on your computer monitor will be accurate enough.

Our products can only be exchanged or returned/refunded in accordance with our Return Policy.

  1. Modifications to the Product and its Price

The price of our product can change without any notice. The right to continue or discontinue our product rests with us. We are not liable to you or to any third party for any modification, price change or discontinuance of our product.

  1. Accuracy of Billing Information

The right to refuse any order you place on our website, rests with us. We also have the right to limit or cancel quantities purchased per individual, per order. These restrictions could also include orders placed by or under the same credit card, and/or orders from the same shipping address.

When we cancel an order or make changes to it, we email you and notify you about it.

You agree to provide current, complete, and accurate information for all purchases made at our store.

  1. Optional Tools

You may be provided with access to third party tools over which we neither monitor nor have any control or input. You are to acknowledge and agree that we provide access to such tools “as is” and/or “as available” without any warranties, representations, or conditions of any kind, without any endorsement.

We are not liable whatsoever for the consequences arising from or relating to your use of third-party tools so use them at your own discretion and ensure that you are familiar with the terms and conditions of the third party involved.

In the future, we may also offer more services and features (this could include more tools) through our website. These services and/or features will also be subject to the terms of service mentioned here.

  1. Third Party Links

Certain content and services available via our service may include materials from third parties.

The links of these third parties may direct you to third party websites that are not affiliated with us. We are not responsible for evaluating and/or examining the content or accuracy of these sites, neither do we warrant or have any responsibility for these third parties and/or their materials or websites.

We are not liable to any harm or damages related to the products, services, content, resources, or any other transactions made in connection with any third-party websites. So, review the third-party website’s policies and practices carefully, make sure you understand them before you engage in any transactions with them. Complaints, claims, concerns, or questions regarding third party products should be directed to them and not us.

  1. Users Comments, Feedback and Other Submissions

If, at our request, you send us specific submissions (for example, contest entries) or without request. if you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any comments you send us in any medium at any time without restriction.

We are not and will not be obligated to: (1) keep any comments confidential; (2) compensate any remarks; or (3) respond to any comments.

We may monitor, edit, or remove content that we determine in our sole discretion as illicit, offensive, threatening, slandering, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service, but we have no obligation to do so.

You are to agree that your comments will not violate anybody else's rights, including copyright, trademarks, privacy, personality, or any other personal or proprietary right.

You further agree that your comments will not contain any defamatory, illegal, abusive, or obscene material, nor will they contain any computer virus or other malware that could harm the Service or any connected website in any manner.

You may not impersonate someone else, use a false e-mail address, or otherwise mislead us or third parties as to the origin of any remarks.

Any comments you make, as well as their correctness, are solely your responsibility.

We accept no responsibility or liability for any remarks made by you or any third party.

  1. Personal Information

The personal information you’ve submitted to the store is governed by XO Curls’ Privacy Policy.

  1. Errors, Inaccuracies and Omissions

Occasionally, the information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product description(s), pricing, promotions, offers, product shipping charges, transit times, or availability.

If any information in the Service or on any connected website is inaccurate, we have the right to remedy any mistakes, inaccuracies, or omissions, and change or update information or cancel orders at any time without prior notice (even after you have submitted your order).

Unless or until required by the law, we make no commitment to update, revise, or clarify anything in the Service or on any related website, including, without limitation, price information. There will be no specific update or refresh date applied in the Service or on any associated website to indicate that all the information in the Service or on any related website has been edited or updated.

  1. Prohibited Uses

In addition to the other Terms of Service, you will be banned from using this site or its content if you engage yourself in:

  • Any illicit or unlawful purposes
  • To solicit others to perform or be a part of any illegal acts
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, or race
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code that will or may be used to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
  • To collect or track others’ personal information
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • To interfere with or circumvent the security features of the Service or any related website, or the Internet

The right to terminate your use of the Service or any related website for violating any of the prohibited uses, rests with us.

  1. Disclaimer of Warranties

We, at XO Curls, do not guarantee, represent, or warrant that your use of our service will be error free, quick, secure or uninterrupted. We do not promise or warrant that the results obtained from the use of our service will be accurate or reliable.

The service and all products and services that will be delivered to you through the service are provided "as is" and "as available" for your use, with no representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall, the team of XO Curls be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or any other legal theory, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of the possibility of such losses or damages.

Some states or jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages. In cases like these, our liability shall be limited to the maximum extent as permitted by the law.

  1. Indemnification

You agree to hold XO Curls and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including the attorneys' fees, made by any third-party due to or as a consequence of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law.

  1. Severability

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; however, such determination shall have no effect on the validity and enforceability of the remaining provisions.

  1. Termination

For all purposes, the parties' responsibilities and liabilities accrued prior to the termination date will survive the termination of this agreement.

Unless and until either you or us terminate these Terms of Service, they will remain in effect.

You may terminate these Terms of Service at any time by notifying us that you no longer want to utilise our Services or by discontinuing your use of our website.

We also have the right to terminate this agreement at any time without notice if you fail, or if we suspect you have failed to comply with any term or provision of these Terms of Service. You will remain liable for all amounts due, upto and including the date of termination; and/or accordingly deny you access to our Services (or any part thereof).

  1. Entire Agreement

We will not be deemed to have waived any right or provision of these Terms of Service if we fail to exert or enforce such right or provision.

These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, represent the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service will not be used against the party that drafted them.

  1. Governing Law

The laws of India, govern and will be construed in accordance with the following Terms of Service and any other agreements whereby we supply you Services.

  1. Changes in Terms of Service

The most current version of Terms of Service can be viewed on this page at any time. The right to change, update, remove or replace any part of Terms of Service rests with us. It is your responsibility to regularly check our website and keep track of the changes. To continue using our website after these changes are made, you will have to accept these changes as they are.

  1. Contact Information

Further questions about our Terms of Service can be mailed to us at info@xocurls.in