Terms and condition

This End User License Agreement (EULA) a long with the privacy policy, is a binding agreement between BLUSH BEAUTY and the end user who access or avail the application and the contain in accordance with the term of their subscription plan and this EULA (you/yours)of the application (define below). This EULA is an electronic record under information technology Act, 2000 and the rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian lows. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By Clicking on the " i accept " Button at the end of EULA, or otherwise having access to receiving, and/or using the "blush beauty" Application, you hereby confirm to have read, understood and agree to be governed and bound by, this EULA, and the privacy policy which is incorporated by reference and form part of EULA and any other rules or guidelines, as may be issued by blush BEAUTY with respect to the application From time to time. you may access the privacy policy here : Privacy policy.

IF YOU DO NOT AGREE TO BE BOUND BY THE EULA, PLEASE DO NOT CLICK THE "I ACCEPT" BUTTON OR DOWNLOAD OR INSTALL THE APPLICATION.

Blush beauty reserves the right to modify the EULA at any time at its sole discretion, with or without any prior notice to you. It is your responsibility to review the EULA from time to time. You will be deemed to have accepted the terms of the EULA, as amended, if you continue to access the Application after the EULA is modified. Discontinuing use of this Application will not affect the applicability of the EULA to your prior uses of the Application.

You acknowledge and confirm that blush beauty is merely acting as a passive conduit to facilitate storage, transfer of the Content and therefore blush beauty is an intermediary under the Information Technology Act, 2000 as amended and the relevant rules made there under. This EULA is deemed to be published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Content.

Registration

  1. In order to access any information, content ( including files, media, videos, music, images, text) which you may have authorized access to as part of, or through your use of, the Application, you will be required to download and install the Application on your Device (defined below). At the time of installation of the Application, the Application will require your permission to enable it to find the location of your Device, modify or delete SD card contents, read phone statistics and identity, mount and un-mount file systems, you’re your acknowledge that you are agreeable to providing such permissions.
  2. If you are under the age of 18 years, you should review this EULA with your parent or legal guardian to make sure that you and your parent or legal guardian understand and agree to it and further if required your parent / legal guardian shall perform or undertake such activities to enter into a legally binding agreement with Blush Beauty.
  3. In order to access and use the Content, you are required to create a user account with Blush Beauty for the Application. You agree not to reveal your user account information to anyone. You are solely responsible for maintaining the confidentiality and security of your user account and for all activities that occur on or through your user account. You agree to immediately notify Blush Beauty of any security breach of your user account. Blush Beauty shall not be responsible for any losses arising out of the unauthorized use of your user account. You confirm and warrant that all the data and information supplied by you when you register for subscribing the services and provided by you to Blush Beauty is true, current, complete and accurate in all respects.
  4. On creation of a user account and on subscribing to specific Content, you shall be able to access/view/stream the Content as per the subscription plan selected by you. You may at the sole discretion of Blush Beauty be permitted to write comments/reviews/feedback regarding the Content on social networking websites through the social networking capabilities incorporated in the Application. You shall not post any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any comments/reviews/feedback constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation. You give Blush Beauty express rights and consent to display your rating / review in relation to the relevant Content on the Application, including making it available to other members for viewing. These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
  5. Blush Beauty is free at its sole discretion to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("User Feedback"), including responses to questionnaires or through postings to the Application and user submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Blush Beauty €™s service offering including Application. By posting / submitting any User Feedback / user submission on the Application, you grant Blush Beauty a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / user submission to Blush Beauty, including the right to display, use, reproduce, or modify the User Feedback / user submission in any media, software or technology of any kind now existing or developed in the future. Blush Beauty reserves the right to remove User Feedback / user submission at sole discretion and/or upon on request of any third party that such User Feedback / user submission may create liability for Blush Beauty or harm the reputation of Blush Beauty or are offensive, inappropriate, defamatory, obscene or libelous in nature.
  6. Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Application for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Application with respect to its user submissions.

Grant of License

  1. Software License: You hereby agree that all rights, title and interests in the Application vest with Blush Beauty or its licensors. Subject to your strict and full compliance with the EULA, Blush Beauty hereby grants you a revocable, non-exclusive, non-transferable, non-sub-licensable, limited license, to download, install and use the Application on Devices owned and controlled by you, and to access and use the Content only through the Application on such Devices, strictly in accordance with the terms of the EULA and as per the subscription plan selected by you. The Application includes (i) the software application in object code/source code that you may access and download and the scripts, interfaces, graphics, displays, text, documentation and other components/associated data and information made available to you as part of the software; and (ii) any updates, modifications, or enhancements to (i) or any part thereof, as may be provided by Blush Beauty.
  2. Content License: "Content" shall include all visual and audio-visual works, including all interactive content, texts, photographs, etc., made available to you through the Application. The Content is owned by Blush Beauty and licensed to Blush Beauty or its affiliates. Subject to your strict and full compliance with the EULA, Blush Beauty, hereby grants you for a term of your subscription package and for the territory of India a personal, limited, non-exclusive, non-transferable, revocable license to use the Content for your private and personal use and non-commercial viewing/streaming, through your Device in accordance with the subscription plan selected by you.
  3. Except for the rights expressly stated here in, no other rights are granted to you with respect to the Application or the Content, either by implication, estoppels, or otherwise.

Terms of Accessing the Application and the Content:

  1. The Application is merely intended as a means to deliver the Content. Your access to the Application and the Content signifies your consent to view / receive all such Content. You agree and acknowledge that by use of the Application, you do not acquire ownership in the Application or the Content. You shall view the Content only by way of streaming or any other functionality provided by the Application only. You agree to view the Content for your personal, non-commercial use only, and strictly in the manner permitted under this EULA and in accordance with the subscription plan selected by you.
  2. Application and all Content, including all text, graphics, trademarks, logos, photographs, audio visual content, and other material made available through the Application constitutes material proprietary to Blush Beauty or its content providers, and is protected by applicable intellectual property laws, and may not be used by You, except as permitted by Blush Beauty.
  3. Blush Beauty may, in its sole discretion, and without any obligation or liability towards you (including refund or credits for any subscription fee whether in full or in part thereof), add or delete one or more Content, or any feature from the Application, or modify the Subscription Fee (defined below) for the Content or any of your rights or authorizations at any time, without any notice to you. You agree to abide by the changes made under this provision.
  4. From time to time, and without prior notice to you, Blush Beauty may provide updates of the Application, or may issue upgraded versions of the Application. However, Blush Beauty shall be under no obligation to do so. All updates/upgrades provided by Blush Beauty will be subject to the terms of this EULA.
  5. The Application may contain the links or pointers to other websites but you should not infer or assume that Blush Beauty operates, controls, or is otherwise connected with these other websites. When you click on a link within the Application, Blush Beauty may not warn you that you have left the Application and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on this EULA to govern your use of another website. Blush Beauty is not responsible for the content or practices of any other website even if it links to the Application even if the website is operated by a company affiliated or otherwise connected with Blush Beauty. You acknowledge and agree that Blush Beauty is not responsible or liable to you for any content or other materials hosted and served from any website other than the Application.

Streaming Policy :

  1. Once You subscribe any service then it will available for 5 days. (from day of subscription)
  2. Blush Beauty will consider time period of services in membership package.

Use of the Application requires:

  1. Compatible devices including Internet enabled devices, now known or later developed, including all Android mobile devices, smart phones, tablets, television sets, personal digital assistants, gaming consoles, kiosks, portable players, wearable gear such as Google Eye Glass or the Samsung Gear, etc.("Device")
  2. Internet access. Further, certain software (fees may apply), in your Device or in the Application may require periodic updates and use of the Application along with its performance may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of the Application is recommended to access the Content and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.

Restrictions on use of the Application and the Content:

  1. You shall use the Application strictly in accordance with this EULA and shall not:
    1. decompile, disassemble, reverse engineer or attempt to derive the source code of or in any manner decrypt the Application
    2. make any modification, adaptation or improvement, enhancement, or derivative work from the Application or incorporate any portion of the software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service
    3. violate any applicable laws or regulations including but not limited to copyright act, import and export control laws and regulations in connection with your access or use of the Application or the Content
    4. remove or obscure any proprietary notice (including any notice of copyright or trademark) forming a part of the Application or the Content
    5. use the Application or the Content for any revenue generation endeavor, or any other purpose for which it is not designed or intended
    6. install, use or permit the Application to exist on more than one Device at a time or on any other applicable device, other than by means of your separate downloads of the Application, each of which is subject to a separate license
    7. distribute or link the services being provided to multiple devices, or other services
    8. make available the Application over a network or other environment permitting access or use by multiple users at the same time or where it could be used by multiple devices at the same time, whether or not the same is for commercial use
    9. use the Application for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with the terms of the EULA
    10. use the Application to attempt to interfere with the proper display of the Content
    11. use the Application for undertaking any hacking activities like breaching or attempt to breach the security of another user or attempt to gain access to any other person's computer, software or data without the knowledge and consent of such person
    12. use the Application for creating a service or software that is directly or indirectly, competitive with the Application or any services offered by Blush Beauty
    13. derive any confidential information, processes, data or algorithms from the Application.
  2. You also expressly agree not to engage in any use or activity that:
    1. may interrupt, destroy, alter, damage, delay, or limit the functionality or integrity of the Application or the Content including that of, any associated software, hardware, telecommunications or wireless equipment
    2. may manipulate identifiers, or numeric information to disguise the origin of any user, device, material or other information
    3. may interfere with the proper working of the Application or prevent others from using the Application
    4. may delete the copyright and other proprietary rights notices on the Application.
  1. You agree not to use the Application for any activity relating to infringement of any intellectual property rights, including any trademarks, service marks, or trade names, privacy rights, personality rights, or any other proprietary rights of any third party. You shall not use the Application and access the Content through the Application outside the territory of the Republic of India, unless permitted by Blush Beauty. Blush Beauty shall have the right to use various technologies and digital rights management mechanisms to enforce this territorial restriction and/or to verify your compliance with this restriction.
  2. Nothing contained herein shall be construed or implied to grant any right or license to use any trademarks, trade names, service marks or logos, which are a part of the Application or the Content, without the prior written consent of the owner of rights in such marks.
  3. You agree not to incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Blush Beauty.
  4. You shall not access the Content by any means other than through the Application. You shall, unless explicitly provided herein, neither directly nor through the use of any device, software, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, / re-publish, modify, translate, broadcast, perform, publicly display, sell, transmit or retransmit, edit, re-use, adapt, incorporate or create any derivative works of, any Content streamed / viewed from the Application.
  5. You are permitted to use and exploit a particular Content only in accordance with the rights granted by Blush Beauty for that particular Content in accordance with your subscription package. You agree not to, or permit anyone else to, circumvent, disable or otherwise interfere with security-related features and any digital rights management mechanisms of the Application including the features that prevent or restrict use or copying of any Content provided to you through the Application. You agree that Blush Beauty shall have no liability for, and you agree to defend, indemnify and hold Blush Beauty harmless against, any claims, losses or damages arising out of, or in connection with, your unauthorized use of any Content and/or Application.
  6. Blush Beauty does not endorse any Content made available through the Application, or any opinion, recommendation, or advice expressed thereon by any user and Blush Beauty expressly disclaims any and all liability in connection with such views or opinions or comments provided by the users.
  7. Blush Beauty shall use reasonable efforts to make the Content available to the users, at all times through the Application. However, the Content is provided over the Internet, data and cellular networks and so the quality and availability of the same may be affected by factors outside Blush Beauty’s control. Accordingly, Blush Beauty does not accept any responsibility for unavailability of the Application and/or Content, at any time. Blush Beauty will not be responsible for any support or maintenance for the Application.
  8. Part of the Application may contain advertising information or promotion material or other material submitted to the Blush Beauty by third parties. Responsibility for ensuring that material submitted for inclusion on the Application complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. Blush Beauty shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of you relying on the contents of the advertisement.

Payment:

  1. The Application may be downloaded through an online store/e-store as per the terms and condition applicable for such download including this EULA.
  2. You hereby agree that for subscribing to any Content or any Content package (which may contain more than a single audio-visual content), you shall be required to pay the requisite subscription fee to Blush Beauty, as per the subscription plan selected by you("Buy Now") . The Buy Now Fee shall be inclusive of applicable taxes.
  3. At the time of subscribing for the Content, you agree to Blush Beauty™ collection of the Subscription Fee associated with the subscribed Content as selected by you, through your credit (or debit) card/net banking using the payment gateway or through other modes of payment authorized by Blush Beauty.
  4. You understand and acknowledge that Blush Beauty only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that Blush Beauty shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.
  5. Unless otherwise specified, Subscriptions Fee once paid is non-refundable. The subscribed services will automatically be terminated once the subscription period is over and the Subscription Fee for renewal is not paid within a grace period of three [3] days after the expiry of the prior Subscription Period.
  6. You shall be entitled to a refund of the Subscription Fee on a pro-rata basis, only if Blush Beauty terminates the license to the Application and the Content, for no cause via mode and medium convenient to Blush Beauty.
  7. By using this Application, you acknowledge that the Content available via the Application may be accessed through telecommunications/internet connection. You are responsible for the provision of, and payment for, telecommunications/internet services including, the relevant network or data charges, roaming charges or other costs or fees and for any other items of hardware or communications equipment necessary to enable you to access the subscribed services. Blush Beauty will not be responsible, nor will you be entitled for any refunds of Subscription Fee for unavailability of the Content due to disruption, unavailability, or failure in your telecommunications equipment or internet connection or other relevant services.

Referral Fees

We will pay you (in accordance with Sections 5 and 6 below) referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link on your site to the Blush Beauty Application Site and during a single session, add the Product to his or her shopping cart. The session begins when the customer clicks through a Special Link on your site to the Blush Beauty Application and ends upon the first to occur of the following events:

  1. 24 hours elapse from the customer's initial click-through, or
  2. the customer places an order for a Product, or
  3. the customer follows a third party link to the Blush Beauty Application that is appended with a different affiliate's tag, or
  4. The customer follows a link to the Blush Beauty Application that is appended with Blush Beauty email campaign tag

We will only pay referral fees on eligible Products after order, payment, and shipping. To permit accurate tracking, reporting and fee accrual, you must ensure that the Special Links between your site and the Blush Beauty Application Site are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and the Blush Beauty Application are not properly formatted. We will not, however, pay referral fees on any Products that are added to a customer's Shopping Cart after the customer has reentered the Blush Beauty Application (other than through a Special Link from your site), as determined by us, even if the customer previously followed a link from your site to the Blush Beauty Application. In addition, we will not pay referral fees for any purchases made by customers referred through a Prohibited Paid Search Ad or Special Links (to the Blush Beauty Application) that is generated or displayed in response to general Internet search queries or keywords. "Prohibited Paid Search Ad" means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions. "Proprietary Term" means keywords, search terms, or other identifiers that include the word "Blush Beauty," or any other trademark of Blush Beauty, or variations or misspellings of any of those words (e.g., "Blush Beauty," "Blush Beauty," etc). For avoidance of doubt, the Search Box Link, which searches the Blush Beauty Product catalog, or searches of product databases that include Blush Beauty Products, such as shopping comparison engines, are still eligible for referral fees. You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement. In addition, you may not:

  1. directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access the Blush Beauty Application (e.g., by implementing any "cash back" program for persons or entities who use Special Links on your site to access the Blush Beauty Application);
  2. read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
  3. in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Blush Beauty Application;
  4. make any orders or subscription requests, or engage in other transactions of any kind on the Blush Beauty Application on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;
  5. take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
  6. other than providing Special Links on your site in accordance with this Agreement, post or serve any advertisements or promotional content promoting the Blush Beauty Application or otherwise around or in conjunction with the display of the Blush Beauty Application (e.g., through any "framing" technique or technology or pop-up or pop-under windows), or assist, authorize, or encourage any third party to take any such action;
  7. attempt to circumvent the referral fee schedule or artificially increase your referral fees (e.g. by intentionally featuring, purchasing or requesting or encouraging any third party to purchase low-price items offered on the Blush Beauty Application (as determined by us) for the purpose of exceeding any referral fee threshold or by causing any page of the Blush Beauty Application to open in a customer's browser other than as a result of the customer clicking on a Special Link on your site);
  8. attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site that participates in the Program; or
  9. seek to purchase or register any keywords, search terms or other identifiers that include the words "Blush Beauty," "Bushbeauty", "BBeautt", "Blush" or any other trademark of Blush Beauty Internet Private Limited or its affiliates, or variations or misspellings thereof ("Proprietary Terms") for use in any search engine, portal, sponsored advertising service or other search or referral service.

From time to time we may request that you cause any applicable web search provider to exclude Proprietary Terms from keywords used to display your advertising content in association with search results, assuming the provider of such Web search engine offers such exclusion capabilities.

Referral Fee Schedule

During each calendar month, for Qualifying Products sold during sessions initiated through Special Links on your site, you will earn (subject to the other terms of this Agreement) referral fees in accordance with the "Fee Structure" described below. Fee Structure: Subject to the other terms of this Agreement, you will earn a percentage of Qualifying Revenues (revenues derived by us from customers as a result of sales of Qualifying Product units sold during sessions initiated through Special Links on your site, excluding costs for shipping, handling, gift-wrapping, taxes separately stated and charged to the customer, service charges, rebates, credit card processing fees, returns and bad debt) set forth in the table below that corresponds to the number of such Qualifying Product units sold during sessions initiated through Special Links on your site.

You understand and agree that we may cap your referral fees to a fixed amount ("Monthly Limit") per month, at our sole discretion. In such event that your referral fees for a calendar month exceed this Monthly Limit, the amount we pay you for such calendar month shall not exceed this Monthly Limit. Further, should you have multiple registered Affiliate accounts (multiple aff ids/tracking IDs) under this Program, the Monthly Limit will be the cumulative limit towards all your Affiliate accounts. You agree to pace your campaigns accordingly and in line with the Monthly Limit applicable to you.

This Monthly Limit to your referral fees (if any) shall be communicated to you prior to the calendar month in which such limit takes effect by way of e-mail to your registered Affiliate account. Similarly, any changes in the Monthly Limit shall be communicated to you from time to time by way of e-mail to your registered Affiliate account, prior to the calendar month in which such change in your Monthly Limit takes effect. Any such notification received by you from us regarding the Monthly Limit to your referral fees and any changes therein, shall be read as and be a part of this Operating Agreement.

Referral Fee Payment

We will pay you referral fees on a monthly basis for Qualifying Products shipped in the applicable month. Approximately 60 days following the end of each calendar month, based on the payment mode/ option selected by you in your Affiliate Account, we will either:

  1. send you payments via Electronic Funds Transfer (EFT) for the referral fees earned; or
  2. send you a Blush Beauty gift card good for purchase of Products through the Flipkart.com site, subject to our standard terms or conditions.

If you select payment via Blush Beauty Application gift card, we will accrue and withhold referral fees until the total amount due is at least INR 2500. If you select payment via cheque, we will accrue and withhold referral fees until the total amount due is at least INR 5,000 (subject to all the necessary documents having been submitted by the affiliate to Blush Beauty for processing payments through EFT)

Documents required for EFT payments are as follows:

  1. Scanned Copy of cancelled cheque (same Bank details as mentioned in the Affiliate Account). In case you do not have a cheque, you can send us the scanned copy of the first page of your passbook or online Bank statement. However, the IFSC code and the Bank account number should be clearly mentioned on it.
  2. Scanned Copy of your/ company PAN card (same name with which you have registered for the Affiliate Account) Also, if you have registered as an 'Organisation' in the affiliate account, the following 2 additional documents are required:
  3. Scanned Copy of your Incorporation Certificate (same company name with which you have registered for the Affiliate Account)
  4. Scanned Copy of your GST Certificate (same company name with which you have registered for the Affiliate Account)

Please ensure that all details match with the details mentioned in your Affiliate Account.

Document required for Gift Voucher payments are as follows: Scanned Copy of your/ company PAN card (same name with which you have registered for the Affiliate Account) and scanned copy of address proof.

Please note that the referral fees will be processed as per the payment mode / details mentioned by you in your affiliate account ('My Account' section) as on the 1st of every month. In case you change your payment mode / details after the 1st of the month, the new payment details will be applicable from next month's payment cycle.

The referral fee payable to you is inclusive of all taxes including goods service tax or other tax or levy that you may be required to remit in connection with such services. If required by applicable Indian tax law, we may deduct or withhold income taxes from the referral fees payable to you. If you are an Indian resident, your referral fees payable to you will be subjected to income tax (5% TDS as per section 194(H) of Income Tax Act) provided documents are uploaded as per the payment mode opted. In case if there is no documents provided for EGV, referral fees would be subject to a 20% income tax (TDS) withholding. If you are not an Indian resident or have not provided us your PAN (Permanent Account Number), the rate of income tax withholding applicable to you will vary and income tax would be withheld from the referral fees accrued to you on the basis of documents submitted by you which are required as per the provisions of Income Tax of India. If we deduct or withhold income taxes from referral fees payable to you, we will issue to you the relevant withholding tax certificate evidencing deposit of the taxes with the relevant regulatory authorities. If you provide us with a nil or reduced withholding tax certificate, we will apply such nil or reduced tax rate as the applicable withholding tax rate on referral fees payable to you. You hereby agree that you will not pursue any claim against Blush Beauty or any of its affiliates, and hereby waive all such claims you may now or in the future have, in respect of any income taxes Blush Beauty deposits with a relevant taxing authority pursuant to the this Operating Agreement.

Policies and Pricing

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, your site may only show prices when we serve the link in which those prices are displayed. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Rights of Blush Beauty:

  1. Blush Beauty, in its sole discretion, may terminate or suspend your access to the Content without any obligation to serve any prior notice and without any obligations or liabilities towards you or towards any third parties.
  2. Upon your breach of this EULA, the Policy or any other restrictions or guidelines of Blush Beauty for use of the Application and/or accessing any of the Content, Blush Beauty reserves the right to take any responsive actions which Blush Beauty may deem appropriate. Such actions may include (but may not be limited to) temporary or permanent removal of Content, termination of your subscription or immediate suspension or cancellation of your access to the Content via the Application, without any obligation of Blush Beauty to refund any Subscription Fee whether in whole or in any part thereof.
  3. Blush Beauty may take any other legal or technical action against you that Blush Beauty may deem appropriate, including any action against offenders to recover the costs and expenses of identifying them.
  4. Upon cancellation of your subscription service, Blush Beauty will be authorized to delete any files, programs, data and email messages associated with your account/usage.
  5. Blush Beauty may directly or through third party service providers send information to you about the various services offered by the Blush Beauty from time to time.

Indemnity:

You shall defend, indemnify and hold harmless, Blush Beauty, its affiliates, any third party networks / infrastructure providers and their respective directors, officers, personnel, contractors and agents, for and against any and all claims, suits, judgment, losses, damages, cost and expenses arising or relating to your use of the Application and/or the Content or your breach of the terms of the EULA or the Policy or any other restrictions or guidelines provided by Blush Beauty. This indemnification obligation will survive this EULA and Your use of the Application / Content.

Disclaimer of Warranties:

THE APPLICATION AND ALL CONTENT PROVIDED THROUGH THE APPLICATION, IS PROVIDED ON AN "AS-IS" AND "WITH ALL FAULTS AND RISKS" BASIS, WITHOUT WARRANTIES OF ANY KIND. BLUSH BEAUTY DOES NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF THE APPLICATION OR ANY CONTENT OR ITS SUSTAINABILITY FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, BLUSH BEAUTY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE APPLICATION AND THE CONTENT OR ANY MATERIAL THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY CONTENT WILL BE AVAILABLE THROUGHOUT A USER SUBCRIPTION TERM AS PER USER SUBSCRIPTION PACKAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLUSH BEAUTY DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL RESULT IN COMPLIANCE, FULFILLMENT OR CONFORMITY WITH THE LAWS, REGULATIONS, REQUIREMENTS OR GUIDELINES OF ANY GOVERNMENT OR GOVERNMENTAL AGENCY.

To the maximum extent permitted by applicable law, Blush Beauty provides no warranty on use of the Content and shall not be liable for the same under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Blush Beauty also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Content.

Limitation of Liability:

  1. YOU ASSUME THE ENTIRE RISK OF USING THE APPLICATION AND THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Blush Beauty BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS, THE APPLICATION OR THE CONTENT OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE APPLICATION, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT Blush Beauty HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE APPLICATION OR THE CONTENT. FURTHER, Blush Beauty SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OR MODIFICATION OF THE APPLICATION BY Blush Beauty OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
  2. Blush Beauty AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO THE AGGREGATE SUBSCRIPTION AMOUNT LAST PAID BY YOU TO ACCESS AND VIEW THE CONTENT.

Governing Law:

This EULA is governed and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction to hear disputes arising out of the EULA.

Force Majeure:

Blush Beauty shall be under no liability whatsoever in the event of non-availability of any portion of the Application or subscribed Content occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of Blush Beauty.

Copyright Notice and Notice for other Grievances:

In accordance with the applicable laws, for any grievance including if, you believe in good faith that the Content or any information viewed through the Application infringes your copyright, you may reach us at Blushbeauty.in

Waiver:

Any failure by Blush Beauty to enforce the EULA, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.

Severability:

If any of the provisions of this EULA are deemed invalid, void, or for any reason unenforceable, that part of the EULA will be deemed severable and will not affect the validity and enforceability of any remaining provisions of the EULA.

Entire Agreement:

The EULA including the Policy, as amended from time to time, constitutes the entire agreement between the parties and supersedes all prior understandings between the parties relating to the subject matter herein.

Limited Time To Bring Your Claim:

You and Blush Beauty agree that any cause of action arising out of or related to use of the Application or the Content must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Contact:

You have any questions about these terms of use you can contact Blush Beauty.