TERMS AND CONDITIONS – INDIA

THANK YOU for visiting our website and showing interest in buying our product(s).

Although we realize it is a lot of text, it is important for you to read it carefully before you proceed to make your purchase, as we explain the “Rules of the Game” that apply to both you and us for both the use of our website as well as for a purchase of our product (s).

By visiting our websites, and buying product (s) from us, you indicate that you have read and understood these “Rules of the Game” and that you agree with them.

Factual and specific rules, such as delivery costs, delivery times, and the regions where we do or do not deliver our products, can be found at the bottom of our website under the 'Policies & Terms' section, as well as in the 'Customer Support' Frequently Asked Questions (FAQ) section.

We have written down the “Rules of the Game” in a simple and transparent manner.

Who are we?

Nykaa Fashion Limited is a company incorporated and registered under the provisions of the Companies Act, 2013 and having its registered office at 104, Vasan Udyog Bhavan, Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra, Pin - 400013 (“Nykaa Fashion”). Nykaa Fashion is inter-alia engaged in the business of facilitating selling, marketing and retailing clothes / garments (“Business”) through the e-commerce platform developed and owned by Nykaa Fashion and its affiliates or offline stores / events to conduct its Business.

Foot Locker Retail, Inc. is a corporation organized under the laws of New York, U.S.A., with its principal place of business located at 330 West 34th Street, New York, New York 10001, USA (“Foot Locker”).

Nykaa Fashion has an exclusive license from Foot Locker to operate the Site.

Throughout this document, “we”, “us”, “our”, “ours” refers collectively to Nykaa Fashion and Foot Locker. Wherever we have said ‘you’ or ‘your’, this means YOU.

Should anything be unclear nevertheless, or should you have any questions, you can always contact our Customer Service Team at support@footlocker.co.in

Who can order product (s) via the website?

We only sell our product(s) to end-users and/or consumers with a valid address in India. End users and/or consumers are persons who use the product (s) for their own use and do not resell them. We reserve the right to refuse the sale of our product (s) to other retailers or bulk buyers

When can I order product (s) via the website?

Even though anyone can visit our website, product (s) can only be purchased by end users and/or consumers aged 18 or over, or when you have permission from your parent or legal guardian. Unfortunately, we do not ship our online product(s) to region / country/ies outside the territory of India. Currently we only ship our product(s) within India.

What are the “Rules of the Game” concerning intellectual property rights?

Our brands and intellectual property rights are very important to us. We also utilize the intellectual property rights of other parties that provide material for our website and communications, such as suppliers of products, photographers, and copywriters. We ask that both you and we handle these rights with due care. These rights include all product, service, and corporate names used, as well as texts, images, illustrations, website design, and logos.

It is important that you only use the information on the website for your personal use and not for commercial purposes. You are allowed to make an electronic or paper copy of parts of the website, but only in connection with placing an order with us or creating a profile.

If you wish to use our material for any other purpose, you need our explicit written permission in advance. If you use this material without our permission, it may infringe on our rights and/or the rights of third parties as explained above. In such cases, we are entitled to hold you accountable, seek compensation for damages, and request reimbursement.

How far does our liability go?

For our product (s): In the unlikely case that we do not fulfil our obligations with you correctly, we are, to the extent permitted by law, only responsible for the direct damage resulting from it up to the maximum amount that you paid for the product (s) concerned.

However, we are responsible for the damage resulting from the inadequate performance in the case of:

Intentional or wilful recklessness on our part and/or on part of our management
Any other damage for which the liability cannot be statutorily excluded or limited.

It may happen that we are unable to meet our obligations because something happens beyond our control. We call this “force majeure”. If it is a question of force majeure, we are also not responsible for any costs and damage resulting from it.

For the use of our website: We are not responsible for the content of third-party websites that may be visited through links on our website. The use of third-party links and visiting other third-party websites occur entirely at your own risk. Other websites may contain links or frames to our website. To the extent permitted by law, we are not responsible for any damage resulting from such a link or frame and you expressly agree to relieve us from any and all liability arising from your use of any third-party website.

Although we take reasonable precautionary measures to keep our website free from viruses to the extent permitted by law, we do not accept any liability for damage resulting from a virus on or passed on through our website.

What other “Rules of the Game” are there?

Finally, there are a number of general standard rules which are important to note. We list them below:

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may be liable for the losses or damages we or other third parties suffer due to any unauthorized use of your account. You are prohibited from using another person's account without authorisation.
If you are under the age of 18, you must obtain permission from your parent or legal guardian to purchase our product (s). If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these “Rules of the Game” on the minor’s behalf and you will be responsible for the minor’s actions and any transactions associated with the minor’s use of our website.
You agree not to communicate any of the following content [on the website or] when you contact our Customer Service Team by email:

No offensive content, such as defamatory content, content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false or offensive in character, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person.
No content which is misleading, false or deceptive (for example, content that is misleading as to any alleged defects).
No content promoting terrorism or terror-related activities.
No content which infringes intellectual property rights or causes confusion on the relationship with other individuals.
No content involving the impersonation of individuals without such individuals’ written consent.

Our website and all data and/or information on the website are provided on an “as is” and “as available” basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory with respect to our website.
You are responsible for any loss or damage we may suffer as a result of your breach of these “Rules of the Game”.
In the unlikely event that you believe that you have to go to court to solve a problem, you agree that the applicable court is that of Mumbai, India.
If you visit our website or send us an email, you communicate with us electronically. For contractual reasons you agree to receive notifications in an electronic manner, and you agree that written communication also means any form of electronic communication (for instance email). This provision does not affect your statutory rights.
The content of your purchase agreement is not saved by us for an indefinite period. You will receive a confirmation of your purchase agreement by email, and you must save this yourself for any later consultation.
These “Rules of the Game” are applicable unless they are inconsistent with mandatory statutory provisions. If any part of these “Rules of the Game” must be considered not valid for any reason whatsoever, this does not affect the validity of the remaining part of the “Rules of the Game” and this remaining part is considered to remain in full force and effect.
We reserve the right to change these “Rules of the Game” at any time without prior notification, whereby the new amended “Rules of the Game” take effect at the time of placement on the website. Your continued use of the website constitutes your acceptance and agreement to be bound by the latest version of the “Rules of the Game”. Any changes will not affect any orders which were placed by you prior to the uploading of the amended “Terms and Conditions”.
The provisions of the United Nations Convention on the International Sale of Goods shall not apply to these “Rules of the Game”

Additional Terms and Conditions

Intellectual Property Rights

All marks provided on the Site are the property of their respective company/ies / owners. Without prejudice to the generality of the foregoing, (i) the "Nykaa Fashion" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks of Nykaa Fashion and (ii) the “Foot Locker” and “Striped Shirt (and Design)” and related trademarks are the trademarks, logos or service marks of Foot Locker and /or its affiliates (collectively (i) and (ii) are hereinafter referred to as “Marks”). It is reiterated that Marks displayed on this Site, whether registered or unregistered, are the intellectual property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner.

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 (collectively, the "Contents") are intended solely for personal, non-commercial use. You shall not download or copy the Contents and other downloadable materials displayed on the Site for your personal use. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re- publication, display, or performance, of the Contents on this Site is strictly prohibited.

Representations & Warranties

This Site 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 Site 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 Site.

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 Site 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 Site.

We shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site 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 Site. We make no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information.

Disclaimer of Warranty and Limitation of Liability

THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, 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.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, 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 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 WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

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 AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

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.

This disclaimer constitutes an essential part of this Terms of Use

Termination

These Terms of Use are effective unless and until terminated by either you or us.

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

Upon any termination of the Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, 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 Site or affect any liability that may have arisen under the Terms of Use

Indemnity

You agree to defend, indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable 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 us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the 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 the Terms of Use

Governing Law & Jurisdiction

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Mumbai.

Without any prejudice to particulars listed above, we shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

We make no representation that any products, services and materials displayed on the Site are appropriate or in compliance with laws for use in other locations/countries other than India. Those who choose to access this Site from other locations/countries other than India do so on their own initiative and we shall not be responsible for supply of products/refund for the products ordered from other locations/countries other than India, compliance with local laws including custom duty, taxes, import regulations etc., if and to the extent local laws are applicable

Site Security

You are prohibited from violating or attempting to violate the security of the Site, 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 are entitled to 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 Site or any activity being conducted on this Site. 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 Site other than the search engine and search agents available by us on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer)

General

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 us with respect to the Site/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.

You acknowledge and hereby agree to these Terms and Conditions and that it 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/ 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, 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.