1. LEGAL
Thank you for shopping at www.embarkperfumes.com this site (the “site”) is owned and operated by Divine Cosmetics LLP (“Divine Cosmetics” or “we,” “us,” “our” and similar references) having its registered office at Nishuvi, 4th Floor, 75, Dr. Annie Besant Road, Worli, Mumbai 400018, India. By accessing or using this site, you indicate your unconditional acceptance of these terms of use (the “terms of use”). We reserve the right, in our sole discretion, to update or revise these terms of use. Your continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes.
2. USAGE OF SITE
You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (the “Privacy Policy”). Once you complete and submit your registration, you have opted in to receive email or any other marketing communication from our affiliates or us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of embarkperfumes.com or others.
Not withstanding any other rights or restrictions in these Terms of Use, you may not use this site to:
- transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;
- introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code;
- obtain unauthorized access to any computer system;
- impersonate any other person, including but not limited to, a registered user of this Site or an employee of embarkperfumes.com;
- invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
- misrepresent the identity of a user or use a false e-mail address;
- tamper with or obtain access to this Site or any component of this Site;
- conduct fraudulent activities; or
- collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
3. MEMBERSHIP ELIGIBILITY
Access to www.embarkperfumes.com is restricted and is subject to your registration with the site. Registration with us will help us deliver a superior experience to you and will allow you to
» Track your order and review past purchases
» Learn about offline events in your area
» Receive personalized marketing communication
» Receive members only
invites to shopping events and discount codes.The Site is available to customers who are 18 years and older. As a registered customer, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. Registration is void where prohibited by law. Embarkperfumes.com reserves the right to revoke or prohibit your registration for any reason at any time, without notice, in particular, upon any violation of any of these Terms and Condition or the Privacy Policy. You also agree that we can change the registration at any time without any prior notice.
4. ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions may apply to specific portions of or products on the site or your membership, which terms are made part of these terms of use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these terms of use and the terms posted or emailed for, or applicable to, a specific portion of or products on the site or your membership, the latter terms shall control with respect to your use of that portion of the site, the products or your membership.
5. ACCURACY OF CONTENT; LIMITATIONS ON QUANTITY
The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to:
- revoke any stated offer;
- correct any errors, inaccuracies, or omission; and
- make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law.) We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
6. PROPRIETARY RIGHTS
You acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Site are the property of and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Site.
Reference to any products, services or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by embarkperfumes.com. All trademarks not owned by embarkperfumes.com that appear on the Site are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited.
7. INDEMNIFICATION
By using this Site, you agree to indemnify, hold harmless, and defend embarkperfumes.com, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “HOM Indemnitees”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with
- Your use or misuse of the Site;
- A dispute with a Member;
- Your breach of the Terms of Use;
- Your violation of any law or the rights of a third party
8. DISCLAIMERS
Embarkperfumes.com is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) by embarkperfumes.com or by any third party or by any of the equipment or programming associated with or utilized by the site.
embarkperfumes.com assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any member content or other member communications. Embarkperfumes.com is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on the site, including any injury or damage to member’s or other person’s computer related to or resulting from participation on or through the site.
The site, its content and all text, images, merchandise, and other information on, accessible from or available through this site are provided on an “as available” and “as is” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, embarkperfumes.com does not warrant that:
- The information available on this site is free of errors;
- The functions contained on this site will be uninterrupted or free of errors;
- Defects will be corrected, or
- This site or the server(s) that makes it available are free of viruses or other harmful components
9. LIMITATION OF LIABILITY
In no event shall embarkperfumes.com its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site or any information contained thereon or stored or maintained by embarkperfumes.com whether based upon warranty, contract, tort, or otherwise, even if embarkperfumes.com has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of embarkperfumes.com, its parent, subsidiaries, or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to embarkperfumes.com in connection with the applicable event, promotion or boutique giving rise to such liability. Without limiting the foregoing, in no event shall embarkperfumes.com, its parent, subsidiaries or affiliates or their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of embarkperfumes.com
10. RISK OF LOSS
The items purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
11. AFFILIATES
www.embarkperfumes.com is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. www.embarkperfumes.com reserves the right to void all service, return, and other policies for orders and products that were purchased through unauthorized sellers. www.embarkperfumes.com is not responsible for any representations by unauthorized sellers.
12. UNAVAILABILITY OF SITE; TERMINATION; FRAUD
We may alter, suspend, or discontinue this site in whole or in part, at any time and for any reason, without notice or cost. In addition, the site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the site or your account or membership, for any reason, including without limitation, breach of these terms of use. If at any time, we notify you that your access to and/or use of the site or your account is terminated, you must cease and desist from all such access and/or use immediately.
We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these terms of use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
13. COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. All content used on the website is either created by embarkperfumes.com in house team or provided by our vendors or their affiliates. If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must:
- identify the allegedly infringing materials;
- indicate where on the Site the infringing materials are located;
- provide your name and contact information;
- state that you have a good faith belief that the materials are infringing;
- state that the information in your claim is accurate; and
- indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our contact for copyright issues relating to this Site (including the notices and counter-notices) is registered office.