Terms of service

Please read these Terms & Conditions carefully.

By accessing, browsing, using of the Tomato Beauty brand website www.tomatobeauty.com or any other website or mobile version of the website ( collectively  as“The website”), or availing any of the products of Tomato Beauty 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 Terms &Conditions ( Terms) mentioned hereunder.

The Company reserves the right to amend or revise the Terms at any time by uploading a revised or amended T&C on the Website with or without prior notice. The amended Terms 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 Terms, as amended. The version of the Terms 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 Terms each time you access and place your order. These Terms 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 Terms (including any referenced policies or guidelines), please immediately terminate your use of the Website. 

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 the Terms.

Eligibility 

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 website.

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 and Delivery of Products

• The Company strives to provide accurate product and pricing information, however errors may occur. The 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, the 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 a product 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 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 the Company 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 the Company has to cancel the order after the payment has been processed, the said amount will be reversed to your account.
• Prices and Availability of the products provided or offered on the website are subject to change without prior notice and at the sole discretion of the company . You acknowledge that the price payable in connection with the Product or any service, may be subject to change, without notice or liability.The Company may revise and cease to make available any product at anytime. In the event the Company is unable to deliver the product that has been sold to you at all, you will be notified by an e-mail/message  and your order will be automatically cancelled due to unavailability of the product.  The Company shall not be liable to pay for any damages in such an event owing to cancellation of the order or if we are unable to deliver at all.
• For orders containing multiple products, delivery may be made in multiple shipments. Delivery usually takes 7-10 business days from the date of order placement, though we try to deliver products as soon as possible. The estimated delivery times are indicative, hence there may be some unforeseeable delays, which are beyond our control.. You agree that the Company shall not be liable to pay for any damage or loss either direct or indirect owing to delay in delivery.
• The Customer acknowledges and agrees that:
  
  
  1. Orders will only be delivered to the address provided at the time of placing the order on our website.
  
  
  2. Any changes to the delivery address cannot be accommodated after the order has been placed.
  
  
  3. In the event of an address change, the order will be cancelled, and no refund will be issued.
  
  
  4. This policy is necessary due to our partnership with delivery services that prohibit address changes and to prevent potential damage to products during returns.
  
  
  By placing an order, you confirm that you have provided the accurate and complete delivery address and understand the terms outlined above.

Colours and Product Description

• We make every effort  to describe the products on the website as accurately as possible. To the extent implied by applicable law, we do not warrant that the Product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free. The website may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to pricing and availability of the Product or services. Please note that the Product pictures are indicative and may not match the actual Product.
• The 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.
• It is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients by contacting us at cared@tomatobeauty.com and the usage instructions accompanying each of the Company products to make sure that they are safe for You to use. It will be your sole responsibility to take proper precaution/ professional medical advice before using any of our products that You may be allergic to. People with sensitivities to any specified ingredient should not use the product. We always recommends a patch test to ensure the suitability of the product.

Customer Solicitation

• By accessing the Website or placing an order or sending any information, you are communicating with the Company electronically and you agree to receive communications (including transactional, promotional and/or commercial messages) from the Company periodically and as and when required. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication.
• At any point of time, you have the right to withdraw your consent by following the below stated opt-out procedure.
• Opt Out Procedure: We provide 2 easy ways to opt out of from future Customer Solicitations.

Tax

If you purchase any Products, you will be responsible for paying any applicable taxes in relation to such purchase.

Intellectual Property Rights Notice

• The Company, its suppliers 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 Tomato Beauty Private Limited or any third party's intellectual property rights. All rights, including copyright, in this website are owned by Tomato Beauty Private Limited. Any use of this website 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 the Company. You may not modify, distribute or re-post anything on this website for any purpose.
• The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Tomato Beauty Private Limited. 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 the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service. The Company 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. 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 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.
• . 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 the Company, one of its affiliates or by third parties who have licensed their materials to the Company and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of the Company and is also protected by Indian and international copyright laws

Website

• Your Account:You may create and hold one user account (“Account”) only. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer/shopping device, and you hereby accept responsibility for all activities that occur under your Account. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. Each Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person.
• 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 herein. In the event that the person refuses to be bound as the principal to the Terms, 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 agree to 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 the Company.
• We reserve the right to refuse service and/or terminate accounts without prior notice if the Terms are violated or if we decide, in our sole discretion, that it would be in the Company’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

Content & Third Party Links:In addition to making the Products available, the Website also offers information and marketing materials.  The Company does not always create such information and the content published on the Website; instead, the information and content are often gathered from other sources. The Company does not endorse any such information or content and the Company expressly disclaims any and all liability in connection with the same. The Company is not responsible or liable for the information or the content or any damage or loss that may result from your access to or reliance on such information or content. To the extent that the Company does create the content on this Website, such content is protected by intellectual property laws of India. Any unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal and non-commercial use.

• We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at cared@tomatobeauty.com.
• Any links to third-party websites are provided solely as a convenience to you. The Company does not endorse, affiliate, sponsor or recommend any such third-party websites. The Company is not responsible or liable for the content of or any damage or loss that may result from your access to or reliance on these third-party websites. You should always read the terms and conditions and privacy policy of a third-party website before using it. If you access or use such third-party websites, you do so at your own risk.

• Third party vendors & Hosting Partners: You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service or modify another Website so as to falsely imply that it is associated with the Service, or Tomato Beauty Private Limited

• Use of website: The Company is not responsible for any damages resulting from use of the website by anyone. You will not use the website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the website (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the website by other users, (c) not resell material on the website, (d) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the website, (f) not to do or attempt to do any action which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.
• License: By using this website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the website in connection with your personal, non-commercial use of the website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if third party content is at issue).
• Posting: By posting, storing, or transmitting any content on the website, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world, subject to the Company’s privacy policy. The Company does not have the ability to control the nature of the user-generated content offered through the website. You are solely responsible for your interactions with other users of the website and any content you post. The Company is not liable for any damage or harm resulting from any posts by or interactions between the users. The Company reserves the right, but has no obligation, to monitor interactions between and among users of the website and to remove any content the Company deems objectionable. Under no circumstances will the Company be liable in any way for any user generated content, including without limitation, for any errors or omissions in such content or for any loss or damage of any kind incurred by you as a result of the use of any such user generated content transmitted, uploaded, posted, e-mailed or otherwise made available via the website. You hereby waive all rights to any claims against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such user generated content.
• Website Security: You are prohibited from violating or attempting to violate the security of the website, including, without limitation,

Cancellation & Return

• Cancellation by Tomato Beauty Private Limited : If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we the Company, at its sole discretion could cancel such orders. The Company 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 Returns, Refund & Exchanges by customers, please see the specific policy uploaded on this website

Payments

• The Payments for the Products available on the Website are described at the time of placing your order 
• Please note we do not offer Cash On Delivery 

Disclaimer Of Warranties

• Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.
• Without limiting the generality of the foregoing, the Company makes no warranty:

e.regarding any Products purchased or obtained through the Website.

• The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.
• The Company 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. The Company 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.

Limitation of Liability

• The Company takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of these Terms. The Company will not be liable for any direct, indirect, incidental, special or consequential damages or loss in connection with these Terms or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Website content or Products or allied services; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any lost profits you allege, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed the total amount paid by You towards any product purchased by You, in respect of which any claim may have been made against the Company
• You agree that, to the fullest extent permitted by applicable law, neither the Company nor our 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 Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (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.
• This disclaimer constitutes an essential part of these Terms.
• Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

INDEMNIFICATION

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) these Terms or the breach of your warranties, representations and obligations under these Terms; (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 these Terms; 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 these Terms. 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 these Terms or your use of the Website or the Products.

Privacy

We strongly  believe in protecting user privacy and  in providing You with the notice of the Company’s use of data. Please refer to the Company Privacy policy, incorporated by reference herein, that is uploaded on the Website.

General

• Force Majeure: The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these these Terms our obligations under these these Terms shall be suspended for the duration of Force Majeure event..
• Cessation of Operation: The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and distribution of the Products.
• Entire Agreement: these Terms comprises the entire agreement between you and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.
• Effect of Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in such provision, and the other provisions of these Terms remain in full force and effect.
• Governing Law and Jurisdiction: these Terms shall be construed in accordance with the applicable laws of India and will be governed by the laws of the state of Karnataka without regard to its conflict of law principles to the contrary. Neither you nor the Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of these Terms, to recover damages for breach of or default of these Terms, or otherwise arising under or by reason of these Terms, other than in courts located in State of Karnataka. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of these Terms.
• Waiver of Class Action Rights: By accepting the these Terms, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with these Terms must be asserted individually.
• Termination: The Company reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms of these Terms. Following termination, you will not be permitted to use the Website and the Company may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website. these Terms will survive indefinitely, unless and until the Company chooses, in its sole discretion and without advance notice to You, to terminate it.

• Domestic Use: The Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. The users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
• Assignment. You may not assign your rights and obligations under these Terms to anyone. The Company may assign its rights and obligations under these Terms in its sole discretion and without advance notice to you.
• By using this Website or ordering Products from this Website, you agree to be bound by these Terms.
• Survival. If any provision or provisions of these these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
• CHANGES TO TERMS OF SERVICE: You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
• Contact Us:Please contact us for any questions or comments on the Terms. Refer to the Contact Information uploaded on this website.