Term & Conditions
MK PROFESSIONAL A Brand Of Niyaara Cosmetics, with its registered office located at Gat 449 Indospace Industrial Park Pvt Ltd Mahalunge Behind Marriot Pune Maharashtra 410501, hereinafter referred to as “MK Professional,” “we,” “us,” or “our,” operates and manages the website www.mkprofessional.in. Through this website, MK Professional facilitates the sale and purchase of various beauty and personal care products (“products”) to customers (“customers” or “users” or “you” or “your”). As a user, you can browse the products listed for sale on the website and access services related to those products (“services”). By using our interactive services (“Interactive Services”), such as beauty assistance, you agree to be bound by these Terms.
MK Professional is intended for use by individuals who are legally capable of entering into binding contracts under the Indian Contract Act, 1872, which means individuals who are 18 years of age or older, of sound mind, and not disqualified from entering into contracts by any law. If you are a minor (under 18 years of age), you may only use MK Professional with the involvement of a parent or guardian.
By using the website, you expressly agree to be bound by these Terms and Conditions (“Terms” or “Terms and Conditions”) govern your usage, of the website, sale and purchase of the products on the website, access to Services, rights and obligations arising by virtue of usage of any feature of the website. These Terms and Conditions form a binding Agreement between MK PROFESSIONAL and the Customer (“Agreement”) within the scope of Section 10A of the Information Technology Act, 2000 read with the Indian Contract Act, 1872. Please note that your usage of the website, the products, offers or promotions in relation to the products and the Services as may be provided by us or our affiliates or third parties, shall be governed by these Terms and such other terms that may be applicable (“Additional Terms”). If these Terms are inconsistent with such Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or the product. If you do not agree with any of the Terms, we advise you not to use or access the website.
These Terms and Conditions constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. The Terms and Conditions consist of Terms and Conditions for Use of the website and Sale of products respectively. Please read these Terms and Conditions carefully before using or accessing MK Professional. By using the MK Professional or availing of any Service, you signify your agreement to be bound by these Terms and Conditions.
REGISTRATION AND OPERATION OF YOUR ACCOUNT
1.1. In order to use MK Professional, you will have to register on the website. Registration is a one-time process and is free of cost. You can register on MK Professional via below-mentioned process:
a. By using your mobile number. You can register by providing relevant information, such as your mobile number, name, gender, and other details relevant to creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your MK Professional account at any time.
b. By using social media login. By using a third party account you may use the login credentials from a third party account as identified by MK PROFESSIONAL (e.g. Google or Facebook). If you use such third party accounts you will also be subject to such third party terms and conditions applicable to third party accounts as may be imposed by the relevant third party from time to time. It may be noted that any fraudulent activity or abuse of your MK Professional account due to login via social media is not attributable to MK PROFESSIONAL.
1.2. Due to inactivity in your Account for a substantial time you may get automatically logged out of your account or you may choose to log out of your account. In case you are logged out of your account and wish to log in, you may log in via One Time Password verification via your registered mobile number.
1.3. Your credentials shared by you at the time of registration
1.4. You are solely Authorised to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information up-to-date and accurate. You can access and update the Account Information under the ‘My Profile’ section of the website.
1.5. You also have the option to browse through the MK Professional Content and make purchases as a ‘Guest’. If you choose to proceed as a ‘Guest’, the details of the orders placed by you on the website will not be available for you to review. You will however receive the necessary communication and updates regarding your orders. However, should you require any assistance or information pertaining to such orders placed by you, you may contact customer support.
1.6. You will: (a) immediately inform MK PROFESSIONAL of any unauthorized usage of the account or any other security breach, and (b) ensure that you log out of your account at the
end of each session. MK PROFESSIONAL will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to MK PROFESSIONAL or any other user due to unAuthorised use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to MK Professional Platform, terminate accounts, or remove or edit content at any time without notice to you.
COMMUNICATION AND UNSUBSCRIPTION
2.1. You understand that once you have shared your account Information and successfully registered on MK Professional, you may receive SMS or email notifications from MK PROFESSIONAL relating to your registration and transactions on MK Professional.
2.2. You may also receive such notifications regarding any marketing / promotional activities that may be available on MK Professional from time to time. By sharing your account Information and registering on MK Professional and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
2.3. MK PROFESSIONAL may also send notifications and reminders with respect to the services on MK Professional. While MK PROFESSIONAL endeavors to provide these notifications and reminders to you promptly, MK PROFESSIONAL does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
2.4. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters, and other notifications from MK PROFESSIONAL at any time by following the instructions set out in such communications.
2.5. Please note all calls made by/to us are confidential in nature. However, the users’ calls may be recorded and monitored to ensure the quality of service and for training purposes.
ACCESS TO IMAGES
3.1. By accepting the Terms of Use, you provide explicit give consent to access your camera and gallery applications installed in your phone or computer, through which operate MK Professional.
3.2. MK Professional also gives its users an option to upload an image as their profile picture on the website for a customised and exclusive experience. You acknowledge and agree that in addition to the restrictions set out in paragraph 11 (user Warranties and Restrictions), you will ensure that any image uploaded by you: (i) does not belong to another person, in relation to which you do not have any right; or (ii) such image is not defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethically objectionable; or (iii) is not harmful to child; (iv) should not infringe any copyright or other proprietary rights; (v) does not impersonate another person; or (vi) does not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or (vii) should not contain indecent representation of women in any form; or (viii) violates any law for the time being in force, including but not limited to Information Technology Act, 2000, Indecent Representation of Women (Prohibition) Act, 1986 and Indian Penal Code 1860, and the rules made thereunder (as applicable).
3.3. Should the images uploaded by you be covered by intellectual property rights, belonging to you or assigned to you by a third-party, you hereby grant MK Professional a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, copy, or display, translate and create derivative works of the images that you upload, solely in connection with products and Services available on MK Professional.
3.4. In the event of a breach of any of the obligations mentioned in this paragraph 4 (Access to Images), you accept that we will not be liable to you or any third-party in relation to any claims, losses, liabilities, damages, and/or costs (including any attorney fees and costs) which may arise from a breach of the aforesaid obligations. You further agree that you will be liable to indemnify us in accordance with paragraph 12 (Indemnification and Limitation of Liability) of the Terms.
LICENSE AND ACCESS TO THE PLATFORM
4.1. Your use of the website and access to MK Professional content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on the website. You will use MK Professional solely for the intended purpose.
4.2. The license granted to you does not include a license for (a) the resale of products or commercial use of MK Professional or MK Professional content, (b) any collection and use of product listings, description, or prices, (c) any use of MK Professional, other than as contemplated in these Terms of Use, (d) any downloading or copying of account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of MK Professional, (e) creating and/ or publishing your own database that features parts of MK Professional.
4.3. You grant to MK PROFESSIONAL a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the website, including comments, or posts on social media without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim overall feedback, comments, ideas or suggestions or any other content provided through or on MK Professional. You agree to perform all further acts necessary to perfect any of the above rights granted by you to MK PROFESSIONAL, including the execution of deeds and documents, at its request.
4.4. Please note that MK PROFESSIONAL at all times reserves the right to refuse your access to the website, terminate your license to use the website, terminate/deactivate your account, remove or edit content on MK Professional, at its sole discretion, without any prior notice.
PERSONAL INFORMATION PRIVACY
5.1. During the course of your registration on and usage of MK Professional, MK PROFESSIONAL may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.
5.2. MK PROFESSIONAL respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, MK PROFESSIONAL has formulated a Privacy policy, which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used, and disclosed. If you do not agree with the terms of our Privacy policy, we advise you to not use or access MK Professional.
Content on platform
6.1. 6.1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on MK Professional or any of the other services are the property of MK PROFESSIONAL or its affiliates (“MK Professional Content””), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, service marks, trade names and trade secrets in relation to MK Professional whether or not displayed on MK Professional, are proprietary to MK PROFESSIONAL.
6.2. MK PROFESSIONAL may display on MK Professional any third-party logos, trade names, or trademarks of other brands, as per the license granted to MK PROFESSIONAL by such brands.
6.3. No information, content or material from MK Professional(including the MK Professional platform content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without MK PROFESSIONAL’s express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MK PROFESSIONAL and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing MK PROFESSIONAL’s or its affiliates’ names or trademarks without the express written consent of MK PROFESSIONAL and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.
DISCLAIMERS
7.1. MK PROFESSIONAL will try to make access to and use of MK Professional error-free and without interruptions. However, your access to MK Professional may be occasionally suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities or services on the MK Professional platform. MK PROFESSIONAL does not take responsibility for any access or usage problems that may arise from internet-related issues at your end.
7.2. MK Professional may contain user-generated content which MK PROFESSIONAL does not pre-screen and which contains views that may be opinions of users/ experts. MK PROFESSIONAL will do its best to monitor, edit or remove such user-generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). MK PROFESSIONAL does not promise that the user generated content on MK Professional is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
7.3. To help you in identifying the products of your choice, descriptions of the products are provided on MK Professional through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, we disclaim any guarantee or warranty of exactness of such visual representation or description of the products, with the actual product which is ultimately delivered to you. The appearance/colour of the products when delivered may differ for various reasons.
7.4. The products and/or Services purchased/ received/ availed on the website, causes side effects or doesn’t suit you, please note that MK PROFESSIONAL in no manner responsible for any manufactural side-effects or service provider and manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. We advise you to carefully read the individual terms and conditions in relation to the products and consult a specialist before the use of the same.
7.5. The products and/or services included on MK Professional are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. MK PROFESSIONAL does not covenant or provide any representations and warranties:
a) in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on MK Professional;
b) that the products or Services will be made available at all times;
c) that the operation of MK Professional, including the functions contained in any content, information and materials on MK Professional Platform or any third-party sites or services linked to MK Professional will be uninterrupted, or that the defects will be rectified, or that MK Professional or the servers that make such content, information and materials available are free of viruses or other harmful components; and
d) that MK Professional Content available on the website is complete, true, accurate or non-misleading.
7.6. Parties other than MK PROFESSIONAL and its affiliates may operate stores, provide services on MK Professional. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. MK PROFESSIONAL does not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. The information displayed or any recommendation made to you on the website during the course of your use of the website is purely for informational purposes and for your convenience and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.
7.7. You understand that the website may provide third-party services to help you locate and purchase products. Please note that this service is provided by third-party, and the website does not guarantee nor make any representation with respect to the correctness, completeness or accuracy of such services. You should seek emergency help or follow-up care when required and continue to consult your primary health advisor as you may deem fit.
7.8. Any liability or claim arising out of such third-party services availed by you shall be between you and such third-party. The company disclaims any liability that may arise out of your communication, availment of services (including but not limited to deficiency, shortcoming, and inaccuracy) with such third parties.
7.9. To the extent permitted by applicable law, MK PROFESSIONAL disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on MK Professional.
7.10. MK PROFESSIONAL is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
7.11. The interactive services provided on the website is to help you with select products and Services related queries. Any use of this functionality shall be subject to the following conditions:
a) MK PROFESSIONAL, employees, directors or its affiliates are not responsible for any suggestions/recommendations made by the beauty advisors from time to time. It is hereby clarified that all recommendations are provided only basis the information you provide to us during the interactive services. It is always recommended before using any new product, please remember to read and follow the appropriate directions for use. If you have a specific skin condition, allergy, or sensitivity, it is advisable to always consult your doctor/perform a patch test as you deem fit, before introducing any product to your skincare regimen. The products suggested are purely on the basis of the description/details shared by you above.
b) MK PROFESSIONAL or its affiliates are not responsible for any delay caused in attending to or replying to the queries via chat.
c) Communication through chat may be stored by MK PROFESSIONAL for future reference, to improve the quality of service or resolve your concern, and the user of such service will not have the right to access such information at any future date.
d) While using this feature you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
e) This feature shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
f) You may proceed further and consult with our online customer care executive and avail the beauty service only if you agree to the above conditions.
7.12. MK PROFESSIONAL does not warrant that MK Professional will be compatible with all hardware and software which is used by the user.
7.13. While we attempt to provide you error free and smooth experience in case of an inadvertent error there may be information on MK Professional that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. MK PROFESSIONAL reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the website is inaccurate at any time without prior notice.
7.14. The offers, discounts and other promotional offers displayed in other advertisements may vary for the customers based on factors relating to the customer such as usage of the website, volume of transactions, time spent on the website, city, place of residence, time, etc.