The Site has been developed for, hosted and published by NMCG PRIVATE LIMITED, a company having its registered office located at B-70, Rajendra Marg, Bapu Nagar, Jaipur, Rajasthan 302015 India, registered under the Companies Act 2013 (hereinafter referred as “Ora d'oro Beauty”, “Company", “we”, “us”, or “our”) and its duly appointed third party service providers.
We would like our users to know that we will collect and use your personal information and data for the limited purposes as mentioned herein. The policies below are applicable to data and information collected when you use any of the following:
- Ora d'oro Beauty network of websites, including; http://www.oradorobeauty.in (“Site”) (including any versions optimized for viewing on a wireless or mobile or a tablet device);
- All email newsletters published or distributed by the Company;
- All apps published and launched by the Company;
- Any other services made available by the Company including the sale of goods/products, user registration, customisation of any goods/products and the referral and discount programs (“Service”); and
- All other interactive features and communications, discussion spaces as provided by the Company or through the mobile application (“App”), however accessed and/or used that are operated by us made available by us, or produced and maintained by us, and our related associates.
You accept the inherent security implications of providing privacy to your Information shared with us and you will not hold us responsible for any breach of security or the disclosure of Information unless we have been grossly and wilfully negligent. Although the Company uses reasonable security measures and reasonable safeguards, at the minimum those mandated under the applicable laws, to safeguard and protect your Information and provides full security and secrecy to your Personal Information, we urge you to be careful with sharing of your Personal Information with any third party claiming to be related to the Company on separate emails/phone calls, third-party websites etc. The Company disclaims any and all liabilities towards any such claims that have arisen due to your own negligence or wilful misconduct and the Company takes no responsibility of the same.
This Site is directed to be used by adults only who are above the age of 18 years. If you are not an adult, while you may look at our Site, but you should not make a purchase, register, or submit Personal Information to us. We or our associates / affiliates do not knowingly collect information from minors. In an event of default by the minor, the parent or the guardian will be liable to compensate for whatsoever damages arising out of such wrongful use by the minor.
- INFORMATION COLLECTION
- Your user name along with your password;
- Your name, postal address and telephone number;
- Your e-mail address or other contact formation;
- Your date of birth and gender;
- Your geographic location;
- Information regarding your transactions on the Website, (including sales or purchase history);
- Internet protocol address;
- Any other Information that you provide during your registration process, if any, on the Website or the App; or
- Identification code of your communication device which you use to access the Website or App or otherwise deal with the Company.
Such Personal Information may be collected in various ways including during the course of you availing certain Services offered on the Website or the App. Such instances include but are not limited to registering or creating an account, customisation for products (offered through Website or App), an online purchase, participating in any online survey or contest, communicating with Company’s customer service by phone, email, chat or otherwise or posting user reviews on the items available on the Website or the App.
You represent that the Personal Information you provide to us from time to time is and shall be correct, current and updated and that you have all the rights, permissions and consents to provide such information. Your right of sharing/providing the data/ information and Ora d'oro Beauty’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third -party agreement, laws, judgments, orders or decrees to which you may be subjected to.
- ACCESS AND USAGE OF THE SITE
To access and use this Site you must be an adult (over 18) and have an available and valid e-mail address. If you are a minor, the prior authorization of your parents or legal guardian is required.
You may be required to fill out required fields in a form, indicated as such by an asterisk. In such event, you will be required to fill out such fields prior to entering the Site. Any inaccurate or incomplete registration will not be accepted.
Access to the Site and/or any other Service including the App may require the use of personal access codes. In such event it is up to you to take your own steps to ensure the confidentiality of such codes. You can of course change them at any time. However, the number of attempts to access the Site and/or certain of its Segments may be limited in order to prevent fraudulent use of such codes. Please inform us of any fraudulent use that you may become aware of.
Even though we try to keep the Site accessible at all times, we cannot guaranty you access in all circumstances. In fact, and in particular for reasons of maintenance, updating, or other reasons which are beyond our control, access to the Site may be interrupted.
Furthermore, we would like to remind you that the Internet does not allow the guarantying of the security, availability and integrity of data transmissions, accordingly we cannot be held liable in the event of errors, omissions, deletions, delays, faults (including, but not limited to, by the actions of viruses, malwares and trojan attacks), of the lines of communication, the hardware and the software which is not under our control or in the event of non-authorized use or possible degradation of the content published on this Site.
General obligations of the User
We defend the values of toleration and respecting the rights of others. This is the reason that this Site shall not be used as a vehicle for racist, violent, xenophobic, malicious, obscene or illicit proposals. By accessing and using this Site and/or any related Services, you hereby agree not to:
- distribute, injurious, defamatory, non-authorized, malicious content, infringing on privacy or image rights, inciting violence, racial or ethnic hatred;
- use the Site for political, promotional or proselytizing purposes;
- publish promotional or advertising content;
- distribute information or content capable of upsetting the sensibilities of the young;
- conduct illegal activities, including, but not limited to, infringing on the rights as to software, marks, photographs, images, text, video etc.
We would like to stress that you must hold all rights and/or authorizations with respect to any applicable content that you wish to publish on this Site. In this regard, we recommend not publishing content (in particular photographs) showing advertising creations, images of clothing designs in which the mark may appear (initials, logos, color code of the brand, etc.). Finally, we note that content (including, but not limited to, photographs and videos) showing minors will not be accepted on this Site.
Segment Specific Stipulations
Various Segments may be made available to you on this Site: Downloadable Content, On-Line Applications, User Contentetc. (the "Segments").
- We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content must be the subject of prior express authorization on our part. Any request for this type of authorization should be submitted to us in advance at the following address: Crm@oradorobeauty.com
- We may make available on this Site software applications or additional third-party based applications (the "On-line Applications") for an enhanced and better user interface. We grant you, for your personal and private use only, royalty free and for the legal term of copyright protection, a non-exclusive, non-transferable, right to use the On-Line Applications. You agree not to modify, adapt, reproduce, correct or distribute the On-Line Applications nor any mark or inscription of title set forth on such On-Line Applications and/or any media related thereto.
- Any Content that you may create or produce with the On-Line Application shall be considered as User Content (as described in section (iii) “User Content” below).
- In case we provide you with a tool/application which enables to edit images (especially in order to virtually test a cosmetic product), you acknowledge and agree that such tool/application may solely be used for your own private and personal purposes. You are not authorized to use this tool/application in such a way that may be a disrespectful, injurious and/or infringing to third parties. Consequently, you are not authorized to modify and/or display a third party’s image without such third party’s prior express consent. Finally, you are not authorized to modify and/or display, in whole or in parts, contents (modified or not via the tool/application) provided with the tool/application (especially contents displaying mannequins/models) without our express prior consent.
- We may make available on this Site a space dedicated to user content, such as for example text, photos, videos, etc. ("User Content").
- By submitting User Content to us, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, adapt, edit, distribute, translate, create derivative works from, incorporate into other works, distribute and otherwise exploit such User Content (in whole or in part) on any and all medias (including without limitation this Site).
- You expressly grant us the right to use the User Content on our own websites but also on third party websites in particular on so-called “Social Networks”.
- You acknowledge and agree that the use of these social networks is exclusively governed by the terms and conditions set up by these social networks. Consequently, we disclaim all liabilities arising out of on in connection with any usage by us or by a third party of the User Content in accordance with the terms and conditions set out by such Social Networks.
- You shall be solely responsible for any third-party claims arising out of usage of the User Content on the Social Networks in accordance with the terms and conditions of such Social Networks.
- User Content that you publish on this Site is entirely your choice and your exclusive liability. However, we would like to remind you that User Content must be in accordance with the applicable laws, accepted standards of morality, and must not infringe on the rights of others. In this regard, we reserve the right to remove at any time User Content that is manifestly illegal and/or contrary to accepted standards of morality and/or which infringes on the rights of others.
- Please inform us of any User Content which appears contrary to the legislation in force and/or to accepted standards of morality and/or the principles set forth herein and/or which infringes on the rights of others.
- USAGE OF PERSONAL INFORMATION
Ora d'oro Beauty does not disclose, transfer, trade, rent or sell your Personal Information in any manner, except as specified herein or if you express your consent towards the same. Your Information will be kept confidential to the maximum possible extent and in accordance with the provisions set out herein.
We are permitted to use your Personal Information in compliance with applicable laws by relying on any one of the following:
- You have explicitly agreed to us processing your Personal Information for a specific reason;
- The processing is necessary to perform the agreement we have with you or to take steps to enter into an agreement with you;
- The processing is necessary to be in compliance with our legal obligations;
- The processing is necessary for the purposes of a legitimate interest pursued by us including but not restricted to providing any Services to you and to evaluate, develop or improve our products and services.
Such information submitted and shared by You is used only for:
- To facilitate your use of the Website or the App and user registration;
- To update you about changes to our policies;
- To respond to your concerns, inquiries or address your requests for information about the various services we offer;
- To provide you with information about Ora d'oro Beauty’s Services, products, customisation, payment processing, surveys, marketing communications and send you information, materials and offers from Ora d'oro Beauty;
- To internally analyse and review and data for the Website and/or the App (e.g., to determine the number of visitors to specific pages within the Website) and improve the service or user experience for you;
- To comply with legal requirements and disclosures provided under the Indian laws;
- To update the App on your device;
- To detect, examine, and restrict activities that may violate our policies or be illegal under the extant applicable laws;
- To perform analyses of users of the App: statistical, demographic, and marketing;
- To recommend features, products and Services that might be of interest to you;
- To handle orders, deliver products and services and communicate in relation to the same;
- To provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the Site and the App.
- Monitoring of customer relationships; and
- Smooth operation of the Chat Functionality service.
- To remind us who you are and to find your account information in our database when you access any Services, so you do not need to log in at every visit. This helps us to provide you with services tailored to your particular needs and interests. A cookie is created when you register or use a Service;
- To determine the browser you use so the Apps can be designed to work efficiently with the most common versions of different browsers;
- Usage in conjunction with sending you e-mail newsletters;
- Advertisements that are placed on the Site and the App;
- To generate analytics regarding our App; and
- To determine user traffic. Your browser is given a unique cookie that helps us determine whether your access to our Site is a repeat visit or a first visit.
Where the processing is based on your consent, you have a right to withdraw your consent at any time. You may withdraw consent by contacting us. Upon receipt of your written request to withdraw your consent, consequences of withdrawal will be communicated to you appropriately and your request for withdrawal will be processed accordingly.
- DISCLOSURE OF INFORMATION
Ora d'oro Beauty currently uses or might engage with some third parties to administer a limited set of advertisements on our Site, App and other related portals. Aggregate profile information, such as user community, may be used in the selection of advertising to make sure that it has relevance to the user. On some banner ads, an embedded pixel may be present, and while it does not associate with a cookie or other personal profile information, it may return or store session connection information that allows advertisers to better determine how many individual users have clicked on the ad banner. We do not disclose your Personal Information to third parties for their marketing and advertising purposes unless expressly provided herein.
We have third party agents, website platform hosts, subsidiaries, affiliates and partners that perform functions on our behalf. These functions may include hosting the Site, payment/billing, push notifications, server storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc. We may disclose the Personal Information to our other group companies, contractors, agents or service providers (including their employees, sub-contractors, service providers, directors and officers) where it is lawful to do so including where we or they:
- need to provide you with products or Services;
- where you have initiated a payment;
- have a legal obligation to do so, e.g. to assist with detecting and preventing fraud;
- have requirement in connection with regulatory reporting, or asserting or defending legal rights and interests;
- have a legitimate business reason for doing so;
- want to send you promotional material;
- have asked you for your consent to share it, and you’ve agreed;
- improve your online experience for using our product and Services and for other related purposes as mentioned in Clause 4 above.
Intellectual Property: The Site and the elements that comprise it (such as marks, images, text, videos, etc.) are protected by intellectual property rights. The development of this Site represents a significant investment and work in common on the part of our teams. For this reason, except as expressly stipulated herein, we have not granted you any right other than that of consulting and using the Site for your strictly personal and private use. All use, reproduction or representation of the Site (in whole or in part) or of the elements which comprise it, on any media whatsoever, for other purposes, including, but not limited to, commercial purposes, is not authorized. On an exceptional basis, we may expressly authorize you to reproduce and/or represent all or part of the Site, on certain media. Any request for authorization in this regard must be submitted in advance to the following e-mail address: Crm@oradorobeauty.com.
Accuracy of Site data: We try to provide you with accurate and up to date information. We cannot guaranty the accuracy of all of the data that is included on this Site. Furthermore, we would like to stress that inaccuracies and omissions may appear in the information available on this Site in particular through intrusion by third parties.
Invitation to offer: Unless provided otherwise, the products and services which are presented to you do not constitute an offer of sale but a general presentation or a mere invitation of the range of the products and services that we market, sell and distribute. We reserve the right to cancel any order request as we may deem fit without assigning any reasons whatsoever.
Advice and Diagnostic tools: The advice made available on this Site and/or the diagnostic tools are simple simulations intended for obtaining expert cosmetics advice. The indicative information that they allow the delivery of which can in no event replace a medical diagnosis or clinical consultation, nor substitute for medical treatment. In consequence, we cannot guaranty your entire satisfaction with respect to the advice that results from the use of such tools and assume no liability for the use that you may make of it. For any additional information or in the event of doubt, we recommend you consult your personal physician, a registered medical practitioner.
Hypertext Links: The hypertext links implemented on the Site may take you to Web sites published by third parties as to which we do not control the content. In consequence, and to the extent these hypertext links have been included on this Site in order to facilitate your navigation of the Internet and for a better user experience of our Site and Services, the consultation of such third-party web sites is entirely your choice and your exclusive liability.
Restrictive Right: You agree and acknowledge that certain data or information cannot be corrected or deleted or is prohibited to be deleted under the applicable law, law enforcement requests or under any judicial proceedings. In respect to such data or information, the aforementioned rights will not be available.
Direct Mailers: Ora d'oro Beauty may, if you prefer, send direct advertisement mailers to you at the address given by you. You have the option to opt-out of this direct mailer by clicking at the unsubscribed link option attached to such promotional e-mail.
Chat functionality: The Site may from time to time offer chat functionality to help you with any and all Site related queries only and shall not be deemed to be professional advice. Such usage shall always be subject to archival rights that the Company has in relation to storage of chat history. You should not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information while availing such service. We reserve the right to restrict the availability of such services to the users.
Indirect damages: Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, 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. Our maximum liability shall be limited only to the extend of the order value of specific user. 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.
Grievance Officer: In accordance with the IT Act and the SPDI Rules, Ms. Rekha Saini shall be the Grievance Officer and shall be available at Crm@oradorobeauty.com
Nodal Officer: In accordance with the applicable consumer protection laws, Ms. Rekha Saini shall be the Nodal Officer and shall be available at Crm@oradorobeauty.com