PROVALO (Aayanik Global Private Limited) Date :- 19 April 2022
Welcome to https://www.provalocosmetics.com/ (‘Platform’). In reference to this terms and conditions, “we”, “us”, “our”, “ours” shall refer to “Provalo” and wherever, we have mentioned ‘you’ or ‘your’ and if you are a company and/or association and/or organization and/or partnership firm and/or sole proprietorship, you shall be referred to as ‘You’. The website of Provalo is owned and operated by Aayanik Global Pvt. Ltd. (‘Aayanik’). Aayanik is a company incorporated under the provisions of the Companies Act, 2013 and has its registered office address at B-201/202, Sai Anand, Opp. Bank of Baroda, Anand Nagar, Dahisar (East), Mumbai – 400 068.
Please peruse the terms and conditions of this Platform carefully.
By accessing and/or browsing and/or using and/or by placing an order through our website, you hereby consent to adhere and be bound and governed by the terms and conditions hereunder. These terms and conditions along with all amendments and/or modifications to the same, as amended and/or modified by us from time to time, shall constitute an agreement between Provalo and you for use of our products, website and services (‘Agreement’). Such amendments and/or modifications to the terms and conditions of this Agreement shall be updated on the Platform and be effective immediately upon uploading and the date of update shall be specified thereunder. Any use, whether continuous or not and/or access of this Platform by you shall constitute acceptance of this Agreement inclusive of its modifications and/or amendments.
All the services provided by this Platform shall be governed by this Agreement, Shipping Policy, Returns and Cancellation Policy and Privacy policy, amended and/or modified from time to time and published in accordance with the Consumer Protection (E-commerce) Rules, 2020 for providing you with better services. This Agreement (as amended from time to time) is an electronic record according to the provisions of Information Technology Act, 2000 (“IT ACT”) and rules thereunder and as such do not require any authentication and/or verification.
Provalo reserves its rights to modify, alter, amend and/or update the terms and conditions of this Platform in accordance with the applicable laws and block any user and/or delete a user’s account if actions of such user are in breach of this Agreement.
In case, you are unwilling and/or unamenable to the terms and conditions of this Agreement, you are requested to address your concerns to our support team on their email – grievance@provalocosmetics.com.
Who may use this platform?
Any person who is a citizen of India or resident outside India or citizen of any other country and is of 18 years of age or above and any company and/or organization and/or association incorporated in India and its representatives, employees and/or assigns, availing products and/or intending to avail products through the Platform may use this Platform.
If you are under 18 years of age, we advise you to operate and/or use this Platform under the guidance of your parent and/or guardian.
Use of platform
The Platform is available on ‘as is what is’ basis. You shall refrain from using the Platform for illegal purposes. You are bound to abide by applicable local, state, national and international laws and regulations whilst using and/or accessing this Platform including laws regarding intellectual property. You shall not interfere with or disrupt the use and enjoyment of this Platform or resell material on this Platform or engage directly or indirectly in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication and refrain from defaming, harassing, abusing or disrupting other users of this Platform and/or involved yourself in any grossly harmful, hateful, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasion of other person’s privacy, racism, ethnically objectionable activity, disparaging, encouraging money laundering or gambling, trolling, political agenda or any other propaganda or any other activity which is unlawful in any manner whatsoever. We shall not be liable and/or responsible for any damages resulting from use of this Platform by any person and/or any company and/or any organization.
Your profile & security
You may register and login for placing orders on our Platform. We may collect some of your information whilst you register on our Platform such as your Name, Email and Contact Details, Postal Code, Demographic Profile (Age, Gender, Occupation, Education, address etc) and information about the pages on the Platform you may access or visit, the links you may click on the Platform and the number of times you access the Platform and any such browsing information.
The personal information collected by us shall be strictly confidential and in accordance with our privacy policy. Please refer to the same to understand how your personal data and information shall be used by us.
You shall be completely responsible for maintaining your login ID and Password and preventing unauthorized access to your Profile. You shall be responsible for all activities that occur under your login ID. If your account is unauthorizedly accessed or there is a breach of your password or account or if you have a reason to believe that your account is used in an unauthorized manner or there is any other breach, you are requested to immediately get in touch with us at grievance@provalocosmetics.com.
You are hereby notified that if the information and/or details provided by you are untrue, inaccurate, incomplete and/or not based on recent status than we shall have the right to indefinitely suspend or terminate or block access of our Platform to you.
Products
We at Provalo aim at providing best quality of beauty and personal care products. We offer sale of our products through this Platform at best prices. The products offered by us shall also include products provided on trial basis and free of cost under any special promotional offer or scheme or under any coupon codes and/or discounts.
All individuals of age 15 or above and any company and/or organization and/or association and/or partnership firm and/or sole proprietorship, consisting of individuals aged 15 or above are eligible to use our products.
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Product Description, Availability & Pricing
We shall endeavor to provide accurate description of the products, their ingredients, colors, viability, price, warranty and any other information required as prescribed. Such information provided by us may be altered and/or amended from time to time according to your responses and use.
It may occur that the website may have some unintended typographical errors or inaccuracies or omissions or may contain incomplete description and/or incomplete information of products or related to their availability and pricing and/or have colour differentiation due to use of graphics and theme. In such cases, we shall not be liable for any error and/or inaccurate description of our products. Please note that product pictures are indicative and may not match the actual products.
Provalo reserves its rights to alter and/or amend the description and pricing of the products which will be updated on the Platform and may change, suspend or discontinue the availability of any products due to manufacturing issues and/or unforeseeable circumstances and/or any other issues in our discretion without any notice and/or any liability incurred therefor.
The products available on our Platform are for personal use only. The products you may receive from us should not be sold or resold for any commercial reasons without our permission.
We shall provide you with all details along with the product packaging upon dispatch of products by email or text messaging. You can also track the order by clicking on ‘My Orders’ option on our Platform or through your account. The order status can be easily tracked by the link provided by courier services after 24 hours from the time of dispatch.
We shall provide you information and details regarding the products, their ingredients, use and launch of any new products by Newsletters to you.
You may address your concerns and/or complaints in case of side effects and/or unsuitability or any other factor excluding availability and pricing of our products to our Customer Care team by getting in touch with us at grievance@provalocosmetics.com.
Please refer to our shipping policy for shipping services provided by us for our products.
The terms and conditions applicable in case of returns, cancellation, and returns for our consumers is subject to our returns cancellation, and refund policy.
We respect your privacy and intend to protect your personal information. We do not engage in Customer Solicitation with any other companies except as provided under the Privacy Policy. If you are unwilling and/or unamenable to the process by which your personal information is used and/or collected, you may opt-out of the same by perusing the relevant clauses of our privacy policy, which is available at or get in touch with us at grievance@provalocosmetics.com.
Disclaimer of warranties
Our Platform and our products are offered by us on ‘as is basis’ and ‘as available basis’. We disclaim that we or any affiliates or associates involved in creating, producing, delivering this Platform are in any manner liable for any direct, incidental, consequential, indirect or any punitive damage and/or loss caused to you due to access and/or use of this Platform or any material on the Platform.
We have not made any representations and/or asserted any warranties relating to any information and details of products on the Platform, either expressly or impliedly including but not limited to the implied warranties or merchantability, fitness for any purpose or any infringement of any content or information on our Platform.
We do not warrant and/or represent that this Platform, details of products and services and their use will be uninterrupted or secure, free from defects, inaccuracies or errors or may operate in configuration with other hardware or software you may use or any delays on the Platform due to technical glitches, data non-delivery, theft, misdelivery, corruption, destruction or other modification, virus intervention, system failures or malfunctions or any third party intervention which may occur in any connection with your use of the Platform . All the products are subjected to the warranties as specified under the product descriptions or as provided in the product packaging. We hereby expressly disclaim all liability in case of product misuse, abuse and modification, improper product selection, non-compliance with any code or any kind of misappropriation.
We shall have the right, at any time, to alter and/or amend any aspect or features of the Platform, including but not limited to the availability of content, hours of its availability and equipment needed for access and/or use. We shall have complete control over dissemination of any content and/or portion of any content or any category or any information. In such cases, we shall not be responsible for any damage and/or any loss incurred by you due to ability and/or inability to access or use this Platform.
We intend to provide you with information relating to our beauty and personal care products. We encourage you to interact with us and our affiliates and associates by posing questions that will enable you to obtain information from us regarding our beauty and personal care products. Any kind of postings on this Platform or any social networking sites such as Instagram or facebook page or any information provided to you via chat facility or emails exchanged with you shall be referred to as “information”. Such information is not intended to constitute any medical suggestion, diagnosis and/or treatment. We shall ensure that reasonable care is taken while disclosing any information by us and the same is accurate. We shall not be liable for any information gathered by you for medical purposes through any other consumer or expert or affiliates or associates neither we authorize the same. We may respond to your queries and provide you information related to same, however, the same would not in any manner constitute any medical advice. In case of medical conditions or issues, you are advised to seek opinion from a qualified medical practitioner.
This disclaimer of warranties is an essential part of this Agreement.
License to use our platform
Provalo grants you limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our Platform. All rights not expressly granted to you under this Agreement are retained by us and our affiliates and/or associates.
You shall use the services provided by this Platform only for lawful purposes and shall abide by all applicable laws while using and/or transacting on the Platform. You shall exercise your best judgment whilst entering into any transaction with our Platform and shall enter into such transactions with us solely at your risk. All the information provided by you shall be true and correct. You are required to check entire description of your order before placing an order and by placing an order for a product through our Platform, you shall be bound by this Agreement and its terms and conditions. We shall not be responsible for any negligence, mistake or any error made by you while placing an order through this Platform. You shall not impersonate any person or entity or mislead, misrepresent, provide any false information or defraud us in any manner by sharing multiple address, e-mail ids and phone number or transact with us with malafide intentions. You are responsible for all data charges which you may incur while using and/or accessing our Platform.
Posting
By posting, storing or transmitting any content on the Platform, you hereby grant us 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 our privacy policy. We cannot control the nature of the user-generated content offered through our Platform. You are responsible for your interactions with other users on our Platform and any content you may post.
We reserve the right but have no obligation to monitor interactions amongst the users of our Platform and to remove any such content you deem objectionable. Under any circumstances we shall not be liable in any way for any user generated content, including any errors or omissions in such content or for any loss or damage of any kind incurred by you as a result of use of any such user generated content transmitted, uploaded, posted, e-mailed or otherwise made available via the Platform.
You hereby waive all your rights with respect to any claims against us 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.
Unauthorised use of site and its content
You shall refrain from using this Platform for disseminating any unlawful, libelous, abusive, vulgar, obscene or otherwise any objectional material or any such information which may cause harassment or threaten any person, transmitting material that constitutes a criminal offence or results in civil action against you or breach of any laws, regulations or code of trade or in any manner disrespects the Indian Flag, the Constitution and Historic Figure or gain unauthorized access to other computer systems or engaged in hacking, stalking and any other cyber-crimes or interfering with any other person’s privacy or his use or enjoyment of this Platform or downloading any pictures, images, articles, content or any portion of it or copying or gathering through extraction tools or any other means or use materials for commercial use or purpose or training or in any manner reproducing, duplicating, copying, selling, visiting, distributing or otherwise exploiting this Platform or any portion of it for commercial purposes or with criminal intention or adopting similar or identically similar trademarks of this Platform, framing or using framing techniques to enclose any trademark, logo or other proprietary information such as images, text, page layout, or any colour scheme or format of this Platform without our consent or use of any tags or any other text for utilizing our trademark without our consent.
Any such unauthorized use shall terminate the permission and license to use this Platform granted by us.
Limitation Of Liability
We believe that ‘Consumer is King’. Nothing in this Agreement restricts, excludes or modifies or purport to restrict, exclude or modify any statutory consumer rights under applicable law.
Notwithstanding any conditions, warranties or guarantees that can be excluded under applicable statutes, to the extent permitted by applicable law, our liability shall be limited to resupply or to the extent of refund of the product cost or relevant portion thereof.
We shall not be liable for any losses or damages whatsoever, whether in contract, tort, negligence, strict liability or otherwise, from the use of or reliance on any material or from the use of internet generally.
We shall not be in any manner liable for any direct, indirect, incidental, special or consequential damages or losses or unforeseeable circumstances in connection with this Agreement. We are not in any manner excluding or limiting our liability in anyway where it would be unlawful to do so.
You acknowledge and agree that, notwithstanding anything contained in any law in force, any claim or cause of action, you may have arising out of, relating to, or connected with your use of the Platform, must be notified to us within and not later than 90 days from the accrual of cause of action and filed within the statutory period of limitation after such claim or cause of action arises.
Any limitation of liability of any kind in this Agreement (including this clause and other clauses in this Agreement) which may restrict our liability are for our and your benefit.
Proprietary & intellectual property rights
We own the products, brand names, trademarks, service marks, logos and marks and the same are licensed to us and are exclusive property of Provalo, its affiliates, partners or licensors, and are protected by laws in India (including laws governing all applicable forms of Intellectual Property).
Provalo has proprietary and trade secrets in products. All the trade names, trademarks and service marks and logos on the products or this Platform may not be owned only by us or may be co-owned by us with their respective owners. You may not use our trade names or marks or logos in connection with any other product or service which is not ours or is likely to cause confusion.
You shall not copy, reproduce, modify, duplicate, re-sell or re-distribute any product manufactured and/or distributed by us in whole or in part or in any other form whatsoever, as it shall constitute violation of our trademark, copyright and/or any other laws.
We exercise our rights to all trademarks and specific layouts of this Platform, including but not limited to text placements, calls of action, images, technology, content, software and other materials, which may appear on this Platform, including its design and structure. The access to this Platform does not authorize anyone to use any trademarks available on this Platform in any manner, whether they are registered or unregistered, they constitute intellectual property of Provalo.
All material published on this Platform including but not limited to text, images, illustrations etc., are protected by copyrights which are owned and/or controlled by us or by other parties that have licensed their material to us. Material from any Platform owned, operated or licensed or controlled by us may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You are requested to not pass-off any material on this Platform as your own work. Modification and/or use of any material of commercial purposes or any other purposes shall constitute violation of the copyright and other proprietary rights.
Copyright infringement claims
We respect the Intellectual Property rights of others. If you believe in good faith that the products or services available on our Platform, infringe your copyright and/or trademark, you may get in touch with us at grievance@provalocosmetics.com.
Domestic use
Our products are limited to domestic use only. We do not make any representation on this Platform about our content, product description, products or services available on this Platform or through this Platform are being appropriate or available for use in other locations. Any users exercising this Platform from outside India may do so on their own initiative and shall bear all the responsibility for compliance with Indian laws, as applicable.
Intimation/Notification of any claims relating to the use of products and/or any services on this Platform shall be made within 90 days from the date of purchase and/or deficiency in such services. In the event of such claims not being intimated/notified to us within the said period of 90 days, shall be deemed to have been waived.
Third party
This Platform may offer information and marketing materials of other third party or information linked directly or indirectly with a third party or their websites. Any references on our Platform to any names, marks, products or services of a third party or hypertext links to third party is provided solely as a convenience to you. We do not endorse, affiliate, sponsor or recommend any such third-party websites. We are not responsible or in any manner liable for any damage or loss that may result on your access to or reliance on these third party website. We are not responsible for any content of any third party and do not make any representation regarding the veracity and/or accuracy of the material available on such Platform. We do not assume any responsibility for examining or evaluating the offerings and/or schemes of such third-party websites and/or any links of that third party websites.
You are therefore, requested to read and review the terms and conditions and privacy policy of such third-party website before using the same. If you access or use such third-party websites, you do so completely at your risk.
Rights & obligations
We reserve our right to alter, modify, add or amend any portion of these terms and conditions at any time without any prior notice at our sole discretion and forfeit any username for any reason to protect our interest(s).
We have the right to suspend or terminate your use of the Platform if we believe that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these terms and conditions.
Any failure of Provalo to take action against your violation of these terms and conditions shall not be treated as waiver of its rights and shall not preclude Provalo’s right from taking any action with respect to any other or subsequent breach of any terms and conditions.
We are obligated to provide you best services for the use of this Platform and our products. You are obligated to abide by these terms and conditions whilst using and/or accessing our products and Platform.
Indemnification
You shall indemnify, release, defend and hold harmless Provalo, Aayanik and its agents, employees, officers, directors, shareholders, affiliates and assigns from any liability, damage, cost and expense, including attorney fees and expenses of third parties relating to or arising out of claims based upon your actions or inactions which may result in loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or with respect to non-compliance and/or non-fulfillment of any of your obligations according to this Agreement and any applicable laws and the use of this Platform or its contents, use of products and any trial of those products, any proprietary or intellectual property rights, defamation, payment of statutory dues and taxes, violation of rights of privacy or publicity, loss of services or misuse and/or unauthorized access or use of information provided by this Platform.
In the event we are sued by any third party or any person or entity, by reason of your actions and/or inactions and/or omissions and/or negligence, you shall indemnify us and provide complete information regarding the material breach of this Agreement.
We shall be entitled to participate in any claim by or against you or any third party in case the same is related to our product, services, use of our Platform or its information and by exercising our choice of counsel and/or attorney at our expense. In case of any such third-party claims, you must receive a prior written consent from us regarding any suit or any settlement to be arrived at between you and such third party.
This clause shall survive the termination of this Agreement and any terms and conditions thereof.
Objectionable material
You understand that whilst using and/or accessing and/or browsing this Platform,
if you encounter any content that may seem offensive, indecent or objectionable or which may or may not be identified with our content, Provalo and its affiliates and/or associates shall not be in any manner liable to you for display of such content which may seem offensive, indecent or objectionable to you. If you come across any such content which you may find objectionable and/or unjustified, you can get in touch with us at grievance@provalocosmetics.com.
Force majeure
In any event, you acknowledge that we shall not be responsible or liable for any failure or delay in the performance of our obligations hereunder, which may be caused directly or indirectly by forces beyond our control, including but not limited to strikes, work stoppages, lockdown, accidents, acts of war or terrorism, civil or military disturbances, natural calamities, pandemic, interruptions, loss or malfunctions of utilities, internal aggression or disputes, technical glitches, impacts of technological viruses, hacking and/or cybercrime and other such internet related crimes.
Subject to aforesaid, we shall resume our services to normal and shall endeavour to provide our services promptly.
Cessation of operation
We may at any time, in our sole discretion and without any intimation and/or notice to you, cease our operations and/or Platform or distribution of our products or services.
Notwithstanding the aforesaid, if any products are ordered by you before cessation of operation by us, you shall be entitled to refund of the cost of the product or any portion of such cost of product as may be applicable.
Termination
This Agreement shall be terminated immediately at our sole discretion and without notice, if you breach and/or fail to comply with any terms and conditions of this Agreement and/or engage yourself in such activities which are expressly barred herein.
This Agreement shall remain effective unless terminated by us or you. Upon termination, you shall discontinue the further use of our Platform or we shall accordingly deny you access to our Platform and such termination shall be executed by us without any liability. You must promptly eliminate all materials downloaded or obtained from our Platform and copies thereof, available with you. Any such termination of this Agreement shall not exempt you from making payment for the order of product already placed by you on our Platform or affect any liability on your part which may arise under this Agreement.
We also reserve our right to prevent unauthorized access to our Platform by illegal means by availing technological barriers, IP mapping and direct contact with your Internet Service Provider.
This Agreement and its terms and conditions including disclaimer of warranties, limitation of liability and indemnification shall survive indefinitely unless and until the same are terminated by us, regardless of our termination of your use and/or your account.
Jurisdiction
Any proceedings whether civil and/or criminal arising out of any dispute and/or claim about the terms and conditions of this Agreement, shall be adjudicated in Mumbai. The Courts and/or legal authority at Mumbai shall have exclusive jurisdiction to deal with the same.
Governing law
Any dispute and/or claim arising out of or in connection with terms and conditions of this Agreement, its products, Platform and services shall be governed by the laws of India and all other.
Arbitration
Any dispute and/or claim arising out of or in connection with this Agreement and its terms and conditions, shall be referred to an Independent Arbitrator or Sole Arbitrator as agreed upon by Provalo and you.
The Arbitration shall be governed by the Arbitration and Conciliation Act, 1996 and applicable Laws. The seat and venue of Arbitration shall be in Mumbai. The decision of the Arbitrator shall be final and binding.
Without prejudice to the aforesaid, you hereby acknowledge and agree that, we shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect our trademark or other intellectual property rights or confidential information or in case of defamation or to preserve the status quo of our trademark and/or any intellectual property pending arbitration.
Savings clause
If any part of the terms and conditions is held to be invalid, illegal, unenforceable pursuant to any applicable law, then the validity, enforceability of the remaining terms and conditions shall remain in force.
Any such part of the terms and conditions considered to be invalid, illegal, unenforceable pursuant to any applicable law shall be superseded and governed by a valid, legal and enforceable term or condition that closely reflects with the original term or condition.
General clause
You hereby acknowledge and agree that these terms and conditions constitute the complete and exclusive agreement (inclusive of the Shipping Policy, Privacy Policy and Cancellation, Refunds and Returns Policy between you and Provalo concerning the use of this Platform and shall supersede and govern all prior proposals, agreements and any communications.
Any alterations and/or amendments to these terms and conditions shall be effective immediately upon uploading and you shall be bound by the amendment terms and conditions thereof.
None of the contents of the terms and conditions hereunder shall be deemed to constitute any partnership or agency or assignment between you and Provalo.
Payment method
The payment of the products available on the Platform may be made by Credit Cards, Debit Cards, Net Banking, Wallets, UPI Id, QR Code, Pay pal, Google Pay, PhonePe or by opting for ‘Cash on Delivery’.
Contact information
Please contact us for any queries relating to this Agreement or any inquiries related to copyright and trademark infringement regarding our products or this Platform at grievance@provalocosmetics.com or call us on +91 91117 96668 only on weekdays from 10:30 a.m. to 6:00 p.m.
The contact details of the Grievance officer handling any complaints in relation to the sale and/or quality of products and/or use of this Platform or any policy of Provalo are provided hereinbelow:
Mr. Ramesh Kamble (Grievance Officer)
Mob. No. +91 91117 96668
Email Id – grievance@provalocosmetics.com
The Grievance Officer is identified pursuant to provision of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019 and the rules thereof.
