Welcome to The Pink Foundry. The website www.thepinkfoundry.com is an online service owned and operated by Confira Laboratories Private Limited. By accessing/using the website, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. In case you do not agree to any of the terms enumerated in the Terms of Use or the Policies, we request you to not use the website.
We reserve the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion, which is why, we suggest users to frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the website.

PRIVACY PRACTICES

We understand the importance of your personal information and we have formulated a Privacy Policy, to ensure that your personal information is protected. Apart from these Terms of Use, the Privacy Policy shall govern your visit and use of the website. Your continued use of the website implies that you have read and accepted the Privacy Policy and agree to be bound without limitations and qualifications, by its terms and conditions.

YOUR ACCOUNT

This website is directed to be used by adults only. If being used by any minor, we assume it is being accessed under the supervision of an adult / guardian. We do not knowingly collect information from minors. It is your/user’s responsibility to maintain confidentiality of respective account, password, and restricting its access to respective device, hereby accepting responsibility for all activities occurring under one’s account and password.

If you are using the website on someone else’s behalf, you represent the authority to bind that person to all the terms and conditions.

If you feel that the security of your account has been breached, please contact us immediately at the 'Contact Information' provided below. If we find a breach or suspected breach of 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 Pink Foundry.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated. It shall solely be your responsibility for all contents that you upload, post or email via the website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

PRODUCT & SERVICES INFORMATION

We strive to be as accurate as possible in the description of the product on the website. The website may contain typographical errors or inaccuracies. The product pictures are indicative and may not match the actual product. We do not make claims nor representations of any kind as to its accuracy, completeness, currency or completeness.

We reserve 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 of the product.

PRODUCT USE & SERVICES

The products and services available on the website, and the samples, if any, that the website may provide you, are for your personal and/or professional use only. The products or services, or samples received from us, shall not be sold/resold for any/commercial reasons.

In case any products purchased / received / availed causes side effects or doesn’t suit you, please reach out to us on the ‘Contact Information’ provided below. You are to carefully read the individual terms and conditions in relation to the products before the use of the same.

PRICING INFORMATION

We strive to provide accurate product and pricing information, however errors may occur.

If a product / service is listed at an incorrect price or with incorrect information due to any technical error, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. If an item is wrongly priced, we may, at our 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 and the services are availed, your offer will not be deemed accepted and we will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address 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 we accept your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

Prices and availability of the products provided on the website are subject to change without prior notice and at the sole discretion of The Pink Foundry. We may revise and cease to make available any product/ services at any time. In the event, we are unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. We shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Cancellation, Refunds and Returns Policy provided on our website.

MODE OF PAYMENT

Payments for the products available on the website may be made in the following ways:

• Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points (The Pink Points).
• Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
• Cash on Delivery option is available.

USE OF FINANCIAL DETAILS

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the website will be/is correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We would not be liable for any fraud in this regard. The liability for use of a card fraudulently will be on the user and the responsibility to 'prove otherwise' shall be exclusively on the user. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

SHIPPING AND DELIVERY

Please refer to our Shipping and Delivery Policy provided on our website, amended from time to time.

CHAT FUNCTIONALITY

The Chat Functionality has been provided to help you with any website related queries. Any use of this service shall be subject to the following conditions:

• We may suspend the chat service at any time without notice.
• We shall use our best efforts to reply to the queries as soon as possible but we are not responsible for any delay caused in attending to or replying to the queries via chat.
• Communication through chat may be stored for future reference, and the user of such service will not have the right to access such information at any future date.
• While 'chatting' you shall not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
• The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
• You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.

USER CONTENT

The information, photo, chat communication, data, messages, videos or other materials uploaded, posted, emailed or otherwise made available to us ("User Content "), are entirely user’s responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others and yourself in hosting, displaying, uploading, modifying, publishing, or sharing any information that:

• belongs to another person and to which the user does not have any right to;
• is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, 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;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The Pink Foundry shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. You understand that by using the website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will The Pink Foundry be liable for any User Content, made available via the website.

You hereby acknowledge that we have the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, or delete any User Content.

INTELLECTUAL PROPERTY RIGHTS

"The Pink Foundry" " name and logo and all related product and service names, design marks and slogans are the trademarks of Confira Laboratories Private Limited Any use of this website or its contents, including copying or storing it in whole or part, other than for personal, non-commercial use is prohibited without the explicit permission of Confira Laboratories Private Limited. Some of these copyrights may be owned by third parties. We shall not be held liable in any manner whatsoever for any unlawful, unauthorized use.

REPRESENTATIONS AND WARRANTIES

This website is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the website in terms of their correctness, accuracy, reliability, or otherwise. We shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the content on this website.

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this website.

We 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. We do 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.

We intend to provide our users with general information about skin care topics and products. The website encourages its users to interact with us by asking questions that enables the user to obtain information of a general nature pertaining to skin care topics. The postings on the website or on social networking sites, including the Facebook page, or any information provided over chat or e-mails exchanged with The Pink Foundry, its employees or representatives (collectively referred to as "Information ") which are in furtherance of any communication made by the user with The Pink Foundry/Confira Laboratories Private Limited, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner.

In keeping with our objective of providing its users with general information about skin care topics and products, we engage experts having knowledge of in their respective fields to respond to queries posted by users. Any information provided by the Experts, either over the website, through e-mails, chat rooms or on social networking sites, including the Facebook page is based on the Expert’s personal opinion.

For any general information posted on the website, users must not infer or assume that such information necessarily applies to them.

LINKS AND THIRD PARTY SITES

References on the 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. This does not in any way constitute or imply endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between The Pink Foundry and those third parties.

We are 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. We do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the website.

TERMINATION

These Terms of Use are effective unless and until terminated by Confira Laboratories Private Limited.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this website. We may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the website, such termination will be without any liability to the website.

Upon any termination of the Terms of Use by either user or The Pink Foundry, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen under the Terms of Use.

INDEMNITY

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Mumbai. You agree to defend, indemnify and hold harmless The Pink Foundry/Confira Laboratories Private Limited , its employees, directors, officers, agents and their successors and assigns from any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to The Pink Foundry/Confira Laboratories Private Limited or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

WEBSITE SECURITY

You are prohibited from violating or attempting to violate the security of the website, including, without limitation,

• accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
• sending unsolicited email, including promotions and/or advertising of products or services; or
• forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

We would investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available on this Site and other than generally available third party web browsers (e.g. Microsoft Explorer, Google Chrome, Firefox).

ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and The Pink Foundry with respect to the website/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Our failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

If you have any questions regarding these Terms and Conditions, please email us at ‘Contact Information’ provided below.

CONTACT INFORMATION:

Customer Service Desk

E-mail id: info@thepinkfoundry.com

Toll Free Number: 1800221820

Contact Days: Monday to Friday (10am to 10pm)