Terms & Conditions
Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of and access to our websites, mobile sites, and mobile applications (collectively, our "Sites and Apps"), as well as our provision of products and services. Certain services, promotions, and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference.
By visiting any of our Sites and Apps, you are signifying your assent to these Terms and our Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms. We may revise these Terms from time to time by posting a revised version. Your continued use of any of the sites and apps after we post any changes will constitute your acceptance of such changes. In addition, by ordering products or using services, you acknowledge that you have read and reviewed these terms in their entirety, you agree to these terms and the privacy policy, and these terms constitute binding and enforceable obligations to you.
★ Your use of our Site & Apps
You may access and use the colorbarcosmetics.com site and apps solely for your personal, non-commercial use. Except as expressly authorized hereunder, our site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered, or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our site in whole or in part, at any time at our sole discretion.
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our site, including any images, text, graphics, sounds, data, links and other materials incorporated into our site solely as made available by us and solely for your purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, or publicly display any portion of our Sites and Apps or create derivative works of any portion of our Sites and Apps without our written consent. While using any of our Sites and Apps, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity.
- Impersonate any person or entity or use any fraudulent, misleading, or inaccurate email address or other contact information.
- Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, using "hacking" or defacing any portion of our Sites and Apps.
- Violate any applicable laws or regulations.
- Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
- Engage in spamming.
- Transmit any software or other materials that contain viruses, worms, trojan horses, defects, or other destructive items.
- Modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any portion of our Sites and Apps; and remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps.
- Display adult nudity or inappropriate child nudity.
- Upload photographs of people who have not permitted their photographs to be uploaded to a shared site.
- Use the Share Sites for the sale of goods or services.
- Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Sites and Apps.
★ Your member account
You may create a member account with any of our Sites and Apps by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current, and accurate information about yourself as requested and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Sites and Apps. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account on any of our Sites and Apps.
Please note: Passwords should not be given to third parties and must be protected from unauthorized access. If you become aware of any unauthorized use of your password, you should notify Colorbar immediately. Colorbar disclaims any liability and responsibility for damage caused as a result of improper use of passwords.
★ Making purchase
If you wish to purchase any products or services through any of our Sites and Apps, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information you provide to our third-party payment processor or us must be accurate, current, and complete. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required before we accept any order.
Descriptions, images, references, features, content, specifications, products, prices, and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Sites and Apps at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local and state, and
★ Limitation of Liability, Disclaimer of Warranties, and Indemnification
Colorbar will not be liable for any delay or interruption in your access to the Website or any content located on the Website, or for any transmission errors, equipment or software incompatibilities, force majeure, or other failure of performance. Colorbar will use reasonable efforts to correct any failure of performance, but Colorbar will not be required to make any changes to any equipment or software used by Colorbar or its contractors or agents to ensure compatibility with any equipment or software used by you. You may not use the Website or the content on the site for any commercial purpose, including but not limited to the use of any of the content to market or sell goods or services to any person. You agree not to launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the site.
Colorbar Will Use Reasonable Efforts To Ensure That The Information And Materials Provided On This Website Are Correct. You Agree That Your Use Of The Site Shall Be At Your Sole Risk, And Colorbar Will Not Be Held Liable In Any Way For Your Use Of The Site Or For Any Information Contained On The Site. All Content Contained In Or Referred To On The Site Is Provided "As Is" Basis, Without Any Representations Or Warranties, Express Or Implied. To The Fullest Extent Permitted By Law, Colorbar discloses all Warranties, Express Or Implied, Including, Without Limitation, All Implied Warranties Of Merchantability And Fitness For A Particular Purpose. Colorbar Makes No Warranties That The Site Will Be Error-Free, That Any Errors Will Be Corrected, Or That The Website Or The Server From Which The Site Is Operated Will Be Free Of Viruses Or Other Potentially Harmful Codes. Under No Circumstances, Including Negligence, Shall Colorbar Be Held Liable For Any Direct, Indirect, Incidental, Special Or Consequential Damages And Expenses Of Any Kind (Including, Without Limitation, Personal Injury Or Property Damage, Lost Profits, And Damages Arising From Computer Viruses, Business Interruption, Lost Data, Unauthorized Access To Or Use Of Site Servers Or Any Personal Information Stored Therein, Or Any Interruption Or Cessation Of Operation Of The Website) Arising Out Of Or In Any Way Connected With The Use Of The Website Or Any Information Contained On The Site, Whether Such Damages Are Based On Contract, Tort, Strict Liability Or Otherwise, Even If Advised Of The Possibility Of Such Damages.
You Agree To Indemnify, Defend, And Hold Modicare And Its Affiliates Harmless From Any Liability Or Loss, Related To Either Your Violation Of These Website Terms Of Use Or Your Use Of The Colorbar Website.
★ Policy for Idea Submission
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at our Sites and Apps, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our Sites and Apps; however, please note that any such ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights to such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.
★ Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.
★ Communications
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call, or by posting notices on the website, or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails, or phone calls from us concerning your order.
★ Jurisdictional Issues
Our Sites and Apps are controlled and operated from India. Our Sites and Apps are not subject to the laws or jurisdiction of any state, country, or territory other than that of India. We do not represent or warrant that any of our Sites and Apps, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of our Sites and Apps, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and our sole discretion.
These conditions are governed by and construed by the laws of India. In case of any dispute, you agree, as we do, to submit to the exclusive jurisdiction of the courts in New Delhi.
★ Termination
Either you or we may terminate your access to our Sites and Apps and your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Sites and Apps will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files, or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, ColorBar may delete all information, files, and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files, or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Sites and Apps and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.
★ Cash On Delivery
You can now use our Cash on Delivery (COD) facility. This facility allows you to pay your invoice amount in cash at the time of delivery at your doorstep. You can only make COD payments in Indian Rupees. Currently, we do not accept cheques or demand drafts. Due to the limitations of the couriers we use, COD is not yet available for all pin codes.
The COD facility is available for India orders only. When you enter your payment details at the checkout page, you can click on Cash on Delivery as the payment method.
There's no specific charge to avail of COD on any order. However, there is a flat shipping charge of Rs. 100 if your total order value is less than Rs. 500.
Exchange of products will be accepted only if the products are returned in a saleable condition with the tags intact and in their original packaging, in an unwashed and undamaged condition and subject to the following terms:
- Return / Exchange/replacement for goods/ merchandise are subject to inspection and checking by Colorbar.
- Damages due to neglect, improper usage, or application will not be covered under our Exchange/Returns Policy.
- Some special rules for promotional offers may override the Exchange/ Returns Policy.
- Please note that the Cash on Delivery (COD) convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges.
★ Product Disclaimer:
In case of reaction or irritation after using our products, we advise that you please discontinue using our products and consult your physician.
Products in sale can have a shelf life between 6-8 months.
★ Chat Functionality:
The Chat Functionality has been provided to help you with any Site-related queries. Any use of this service shall be subject to the following conditions:
- Colorbar may suspend the chat service at any time without notice.
- Colorbar or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
- Communication through chat may be stored by Colorbar 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 may 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 suggestions on business opportunities, 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.
- You agree, at our request, to defend, indemnify, and hold harmless Colorbar and its affiliates, including their officers, directors, agents, suppliers, and licensors from and against any claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the chatbot, any breach by you of these Terms and Conditions or the use by any other person accessing the Website using your Internet account.
★ CB Affiliate Terms:
- Orders through social media are imperative- It is important to have orders placed from social media which means you put your affiliate link either on your stories or in your Instagram/Facebook bio.
- All posts have to be public- Your Instagram and Facebook accounts need to be public. Also, you will have to use these hashtags #CBAffiliate #LoveColorbar on all your posts.
- No buying from other Affiliate links- You are not allowed to place an order using someone else’s affiliate link.
- Affiliate links on sponsored videos-If doing videos with or you are a part of other influencers/bloggers/affiliates with whom we tie up, you cannot use any of your affiliate links on such content. It will be flagged and you will not get any revenue for the same.
- Account termination- If your account has been inactive for 2 months, your account will be terminated and you will be taken off our Colorbar Affiliate Program.
- Payment Terms and Conditions- You will have to follow all the terms and conditions that we have.
- Colorbar owns the right to terminate or cancel any affiliate ID if we find it's being misused.
- Colorbar employees cannot enroll in this program.
★ Terms and Conditions - Academy Courses
- There’s no minimum qualification required to enroll in the courses. One should be of minimum 16 years of age.
- Colorbar grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, by these Terms and any conditions or restrictions associated with a particular course or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course content unless we give you explicit permission to do so in a written agreement signed by a Colorbar representative.
- You agree to pay the full fees for courses that you purchase.
- Courses are non-transferable.
- The course needs to be completed within the stipulated time. Classes and modules are fixed. Exceptions can be made only in times of emergency or for valid medical reasons at the discretion of Colorbar Academy.
- We do not consider cancellation requests. Once you receive the course confirmation by email, it means your course is booked and cannot be canceled. However, we do offer exchanges but no refunds. You may select any other course or available product kit within 15 days of purchase, only if your classes have not already started and Only from the Colorbar Academy.
- Courses can either be exchanged for the same value or upgraded to a higher course after paying the difference. Kindly email your request to academy@colorbarcosmetics.com.
- Follow all Payment Terms and Conditions by Colorbar.
- Students must follow all classroom rules and regulations laid down by the Academy.
- Any misbehavior with a trainer or another student will not be tolerated.
- Classes can be conducted online or offline. The same will be at the discretion of the Colorbar Academy.
- Students must maintain decorum in class. Any misbehavior or use of profanity will lead to immediate termination of course at the discretion of Colorbar Academy.