Pankhkh Inc, having its registered office at 2 & 3, Kasturba Talkies Compound, Station Road, Malad West, Mumbai-400064, Maharashtra, India, (“Pankhkh”, “we”, “us” or “our”) is managing and operating the website, and mobile or tablet applications www.thebravado.in (collectively referred to as “Bravado”, or “website”, or “app”), through which inter alia facilitate the sale and purchase of various beauty and personal care products (“products”) to the Customer (“Customer” or “user” or “users” or “you” or “**your **”).

The user may browse through the products listed for sale on the website and avail services related to such products (“services”). You may also be using our interactive services (“Interactive Services”) such as our beauty assistance, which will be subject to these Terms.

Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access Bravado. If you are a minor i.e., under the age of 18 years, you may use Bravado only 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 Pankhkh 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 Bravado. By using the Bravado or availing of any Service, you signify your agreement to be bound by these Terms and Conditions.

Part B – Terms of use of Bravado

1. REGISTRATION AND OPERATION OF YOUR ACCOUNT
   1. In order to use Bravado, you will have to register on the website. Registration is a one-time process and is free of cost. You can register on Bravado via below mentioned process:
      1. 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 on the basis of the information provided by you, which you can use to access your Bravado account at any time.
      2. 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 Pankhkh (e.g. Google or Facebook or Instagram). 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 Bravado account due to login via social media is not attributable to Pankhkh.
   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.
   3. Your credentials shared by you at the time of registration and your Bravado login ID and password are referred to as “Account Information”.
   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 unauthorised 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.
   5. You also have the option to browse through the Bravado 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 in future. 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.
   6. You will:
      1. immediately inform Pankhkh of any unauthorised usage of the account or any other security breach; and
      2. ensure that you log out of your account at the end of each session. Pankhkh 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 Pankhkh 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 Bravado Platform, terminate accounts, or remove or edit content at any time without notice to you.
2. COMMUNICATION AND UNSUBSCRIPTION
   1. You understand that once you have shared your account Information and successfully registered on Bravado, you may receive SMS or email notifications from Pankhkh relating to your registration and transactions on Bravado.
   2. You may also receive such notifications regarding any marketing / promotional activities that may be available on Bravado from time to time. By sharing your account Information and registering on Bravado 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 authorised 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.
   3. Pankhkh may also send notifications and reminders with respect to the services on Bravado. While Pankhkh endeavours to provide these notifications and reminders to you promptly, Pankhkh does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
   4. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from Pankhkh at any time by following the instructions set out in such communications.
   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.
3. ACCESS TO IMAGES
   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 Bravado.
   2. Bravado 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:
      1. does not belong to another person, in relation to which you do not have any right; or
      2. 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
      3. is not harmful to child;
      4. should not infringe any copyright or other proprietary rights;
      5. does not impersonate another person; or
      6. 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
      7. should not contain indecent representation of women in any form; or
      8. 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. 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 Bravado 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 Bravado.
   4. 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 Bravado 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 Bravado.
4. LICENSE AND ACCESS TO THE PLATFORM
   1. Your use of the website and access to Bravado 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 Bravado solely for the intended purpose.
   2. The license granted to you does not include a license for (a) the resale of products or commercial use of Bravado or Bravado content, (b) any collection and use of product listings, description, or prices, (c) any use of Bravado, 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 Bravado, (e) creating and/ or publishing your own database that features parts of Bravado.
   3. You grant to Pankhkh 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 Bravado. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Pankhkh, including the execution of deeds and documents, at its request.
   4. Please note that Pankhkh 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 Bravado, at its sole discretion, without any prior notice.
5. PERSONAL INFORMATION PRIVACY
   1. During the course of your registration on and usage of Bravado, Pankhkh 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.
   2. Pankhkh respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, Pankhkh has formulated the 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 Bravado.
6. Content on platform
   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 Bravado or any of the other services are the property of Pankhkh or its affiliates (“Bravado Content””), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, service marks, trade names and trade secrets in relation to Bravado whether or not displayed on Bravado, are proprietary to Pankhkh.
   2. Pankhkh may display on Bravado any third-party logos, trade names, or trademarks of other brands, as per the license granted to Pankhkh by such brands.
   3. No information, content or material from Bravado (including the Bravado 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 Pankhkh’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 Pankhkh and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Pankhkh’s or its affiliates’ names or trademarks without the express written consent of Pankhkh and/or its affiliates, as applicable. Any unauthorised use terminates the permissions granted in these Terms of Use.
7. DISCLAIMERS
   1. Pankhkh will try to make access to and use of Bravado error-free and without interruptions. However, your access to Bravado may be occasionally suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities or services on Bravado platform. Pankhkh does not take responsibility for any access or usage problems that may arise from internet related issues at your end.
   2. Bravado may contain user generated content which Pankhkh does not pre-screen and which contains views that may be opinions of users/ experts. Pankhkh 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). Pankhkh does not promise that the user generated content on Bravado 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.
   3. To help you in identifying the products of your choice, descriptions of the products are provided on Bravado 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.
   4. The products and/or Services purchased/ received/ availed on the website, causes side effects or doesn’t suit you, please note that Pankhkh 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.
   5. The products and/or services included on Bravado are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. Pankhkh does not covenant or provide any representations and warranties:
      1. 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 Bravado;
      2. that the products or Services will be made available at all times;
      3. that the operation of Bravado, including the functions contained in any content, information and materials on Bravado Platform or any third-party sites or services linked to Bravado will be uninterrupted, or that the defects will be rectified, or that Bravado or the servers that make such content, information and materials available are free of viruses or other harmful components; and
      4. that Bravado Content available on the website is complete, true, accurate or non-misleading.
   6. Parties other than Pankhkh and its affiliates may operate stores, provide services on Bravado. 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. Pankhkh 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. 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.
   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.
   9. To the extent permitted by applicable law, Pankhkh 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 Bravado.
   10. Pankhkh 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.
   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:
       1. Pankhkh, 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.
       2. Pankhkh or its affiliates are not responsible for any delay caused in attending to or replying to the queries via chat.
       3. Communication through chat may be stored by Pankhkh 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.
       4. While using this feature you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
       5. This feature shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
       6. 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.
   12. Pankhkh does not warrant that Bravado will be compatible with all hardware and software which is used by the user.
   13. While we attempt to provide you error free and smooth experience in case of an inadvertent error there may be information on Bravado 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. Pankhkh 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.
   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.
8. USER WARRANTIES AND RESTRICTIONS
   1. You represent and warrant that:
      1. your use of Bravado will not violate any applicable law or regulation;
      2. all information that is submitted to Pankhkh in connection with Bravado is true, accurate and lawful;
      3. use of the content and material you supply does not breach any applicable Bravado policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, Pankhkh will have the right to reject registration, cancel all orders, and restrict you from using the services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify Pankhkh and its affiliates for all claims brought by a third-party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
   2. The products and services available on the website, and the samples, if any, that website may provide you, are for your personal use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.
   3. You will not do any of the following:
      1. Delete or modify any content on Bravado, such as any information regarding the services, their performance, sales or pricing;
      2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Bravado;
      3. Make false or malicious statements against the services, Bravado or Pankhkh;
      4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Bravado and/or services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Bravado and/or the Services;
      5. Introduce any Trojans, viruses, any other malicious software, any bots or scrape Bravado for any information;
      6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture
      7. Hack into or introduce malicious software of any kind onto Bravado
      8. Gain unauthorised access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
      9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “grieving” as those terms are commonly understood and used on the internet.
   4. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Bravado, any information that:
      1. belongs to another person and to which you do not have any right;
      2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
      3. harms minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. impersonates or defames another person; or
      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      9. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
9. INDEMNIFICATION AND LIMITATION OF LIABILITY
   1. You agree to indemnify, defend and hold harmless Pankhkh, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Bravado or the services, violation of these Terms of Use, or infringement of any intellectual property or other rights of Pankhkh or any third-party. Pankhkh will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Pankhkh with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
   2. To the fullest extent permitted by law, in no event shall Pankhkh or any of its directors, officers, employees, agents or content or service providers (collectively, the “Pankhkh Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Bravado or the content, materials and functions related thereto, the services, provision of information via Bravado, lost business, even if such Pankhkh Representatives have been advised of the possibility of such damages.
   3. In no event shall Pankhkh Representatives be liable for:
      1. the use or inability to use or access Bravado;
      2. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through Bravado;
      3. any unauthorised access to or alteration of your transmissions of sensitive personal information or other user data; or
      4. any other matter relating to Bravado.
   4. Pankhkh is neither liable nor responsible for any actions or inactions of the other users of Bravado or any breach of conditions, representations or warranties by them. Pankhkh is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of Bravado.
   5. None of the directors, officials or employees of Pankhkh shall be personally liable for any action in connection with Bravado or the Services.