Terms and Conditions
1. Use of Platform
Welcome to aamika.in (“Site” or “Aamika”). The website aamika.in is owned and operated by AAMIKA (“AAMIKA”), and the retail stores, i.e., Aamika Luxe and Aamika On Trend, are operated under FSN Brands Marketing Private Limited (“FSN B”), a firm incorporated under Indian Proprietorship Act of 1908, with its registered office at 175/6A/1 Nihalpur, Prayagraj, 211016 Uttar Pradesh, India. Aamika and FSN B are together referred to as AAMIKA, and the Site and retail stores are collectively referred to as the Platform.
You may be accessing our Site from a computer or mobile device (through an iOS or Android application, for example), and these Terms of Use govern your conduct regardless of the means of access. You may also use our interactive services (“Interactive Services”) and beauty, wellness, and personal care products and services, such as our Beauty Suggestions, Beauty Book, and other wellness features, or book beauty services provided by our partners (“Beauty Services”). These Terms of Use govern all products and services offered on the Platform, including Interactive, Beauty, Wellness, and Personal Care Services.
The Platform is intended for your personal non-commercial use and information. Your use of the services and features on the Platform shall be governed by these Terms of Use, along with the Privacy Policy, Shipping Policy, and Cancellation, Refund, and Return Policy (together “Policies”), as modified from time to time.
By accessing or using the Platform, you acknowledge, without limitation, that you agree to be bound by these Terms of Use and the Policies, regardless of whether you have read them. ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT, so please read this agreement carefully before proceeding. If you do not agree to the Terms of Use or Policies, please do not use the Platform.
AAMIKA reserves the unilateral 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 at its sole discretion. If AAMIKA decides to change the Terms of Use or Policies, AAMIKA will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Platform following modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should 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 Site.
2. Privacy Practices
We understand the importance of safeguarding your personal information, and we have formulated a Privacy Policy to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by AAMIKA in accordance with the terms and purposes set forth in the Privacy Policy, which may be subject to amendment from time to time at the sole discretion of AAMIKA.
3. Your Account
This Site is intended for use by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. AAMIKA or its associates do not knowingly collect information from minors. You will be responsible for maintaining the confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in any nature.
If you are accessing, browsing, and using the Site on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in any nature.
If you know or have reason to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we find 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 AAMIKA.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, at our sole discretion, that it would be in Aamika’s best interests to do so. You are solely responsible for all content that you upload, post, email, or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
AAMIKA attempts to be as accurate as possible in the description of the product on the Platform. However, AAMIKA does not warrant that the product description, color, information, or other content of the Platform is accurate, complete, reliable, current, or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. Product pictures are indicative and may not match the actual product.
AAMIKA 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 of the product or services.
5. Product Use & Services
The products and services available on the Platform, and the samples, if any, that the Platform may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any commercial reasons.
In case any products or beauty services purchased/received/availed cause side effects or don’t suit you, please note that AAMIKA is in no manner responsible for any side effects from the manufacturer or service provider. The manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before use.
Aamika 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. Aamika does not endorse or control the User Content transmitted or posted on the Site by you and, therefore, accuracy, integrity, or quality of User Content is not guaranteed by Aamika. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will Aamika be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed, or otherwise made available via the Site. You hereby waive all rights to any claims against Aamika for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
Aamika has 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, condense, or delete any User Content. Aamika may remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at contact@aamika.in and include your first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and the date(s) of posting(s) you wish to delete (if you have it). Please allow up to 30 business days to process your deletion request.
Intellectual Property Rights
The “Aamika” all related product and service names, design marks, and slogans are the trademarks, logos, or service marks (“Marks”) of Aamika. All other Marks provided on the Site are the property of their respective companies. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Aamika or others, are the intellectual property of their respective owners, and Aamika shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
Aamika and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials which appear on this Site, including its look and feel. The compilation (meaning the collection, arrangement, and assembly) of the content on the Site is the exclusive property of Aamika and is protected by the Indian copyright laws and international treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, and written and other materials that are part of this Site (“Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. Aamika grants you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource.
Limited License
Aamika grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Site and its affiliates.
Aamika reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.
Representations and Warranties
This Site is provided “AS IS.” Aamika makes no representations regarding the use of or the result of the use of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. Aamika 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 Site.
You acknowledge that this Site is provided only on the basis set out in these Terms of Use. Your uninterrupted access or use of this Site may be prevented by 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 Site.
Disclaimer of Warranty and Limitations of Liability
THE SITE IS PRESENTED “AS IS.” AAMIKA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AAMIKA NOR ITS AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS; (f) INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF AAMIKA.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of India. Any proceedings arising herein shall be held in the Courts at Mumbai, which shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise shall be referred to an independent arbitrator appointed mutually, whose decision shall be final and binding. This arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The venue of arbitration shall be Mumbai.
Entire Agreement
If any part of these Terms of Use is determined to be invalid or unenforceable under applicable law, including but not limited to, warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that closely matches the intent of the original provision. The remainder of these Terms of Use shall continue in effect.
Aamika’s 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 breaches.
24. General
You acknowledge and hereby agree to these Terms and Conditions and that they constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change, alter, or modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at contact@aamika.in.
25. Contact Information
Customer Service Desk
E-mail: contact@aamika.in
Phone: +91 8887274212
Contact Days:
Monday to Saturday (8:00 a.m. to 10:00 p.m.)
Sunday (10:00 a.m. to 7:00 p.m.)
