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Terms Of Use

TERMS & CONDITIONS


As a user of this website, it is pertinent that you are aware of the terms and conditions of using this portal. The following will govern your consent and usage of www.thereyougloww.com, so it is advised that you read everything carefully before using our website. If you deem any terms and/or conditions detrimental to your interests, you may choose not to use the website further.

These terms and conditions govern your usage irrespective of the medium the website is being accessed from. These terms and conditions also extend to the usage of our App on your android or iOS devices. Everything on the website, including products, blogs, services and any information available and accessible is governed by these terms and conditions.

DEFINITIONS

TYG Cosmos LLP (hereinafter referred to as “TYG”), is a business incorporated under the provisions of the Limited Liability Partnership Act, 2008, with its registered office at K-1/129, Lower Ground Floor, CR Park, New Delhi – 110019, and such expressions shall, unless repugnant to the subject or context thereof, include its assigns, representatives, successors and transferees. “COSREI” and "There You Gloww" are brands owned and operated by TYG;

  • "Gloffiliate" shall mean any natural and legal person above the age of 18 years, or accompanied and/or supervised by a legal guardian with the capacity to agree to sign up to become a “Gloffiliate”, or an affiliate, and is the rightful owner of makeup and/or beauty products and has agreed to sell them through the Platform;
  • “Platform” refers to the online shopping portal of There You Gloww, whether on website 'www.thereyougloww.com', or on mobile application available on Android and iOS mobile phones and tablets;
  • “Policies” include 'Privacy Policy', 'Cancellation, Refund and Return Policies', and 'Shipping Policies';
  • “Preloved product” or “Preloved products” refers to those products that were originally owned and may or may not have been used by our Gloffiliate(s) and are being sold by them at a fraction of the original cost after undergoing the pre-prescribed sterilization process by TYG to make it safe for further sale;
  • “Terms of Use” refers to the terms and conditions that every User and Visitor who visits or uses the Platform is deemed to have given consent to be bound by;
  • “User” shall mean any natural and legal person above the age of 18 years, or accompanied and/or supervised by a legal guardian with the capacity to agree to these terms and conditions, and has agreed to be a buyer on Platform by providing data and necessary personal information while registering as a “Registered User”, and includes Gloffiliates;
  • “User Content” shall mean any and all information, including but not limited to photo, image, text, data, music, sound, video, graphics, message, communication, or other materials submitted, posted, uploaded, transmitted, e-mailed, or otherwise made available to TYG by Users and Visitors for any specified or unspecified purpose;
  • “Visitor” shall mean any natural and legal person who is not a registered user and uses the Platform to browse or purchase products while providing data without becoming a Registered User;

    Terms of Use

    By accessing, browsing or using the Platform, you are unconditionally acknowledging in your full capacity to be bound by these terms of use and conditions as well as the Policies, whether you have read the same or not, although it is advisable that you read them carefully. The Terms of Use and Policies may be altered, amended or changed from time to time at the sole discretion of TYG without any notice, and therefore, it is advised to review them from time to time. Any and all changes to the Terms of Use and/or Policies shall be effective immediately from the date of publishing on the website, and your continued access, browsing and use would be deemed to be acknowledgment and consent to be bound by such modified Terms of Use and Policies. Therefore, in your interest, you are advised to regularly check our website for any modifications in the Terms of Use and Policies.

    Your Account

    Being a User or a Visitor of the Platform, it is assumed that you are an adult, or a minor supervised by their legal guardian. As a User, you are responsible for maintaining confidentiality of your account and password and for restricting access to your account to prevent unauthorized access to your account and prevent identity theft. You are further responsible for all activities and conduct that take place from your account or password. Therefore, you should take all necessary steps to ensure that your account is protected by a strong password, which is kept confidential and secure. Should you have any reason to believe that the security of your password has been breached, or is being used by someone unauthorized, you are advised to immediately change your password and/or temporarily/permanently block your account, or inform us at the earliest to enable us to block your account for further unauthorized use.

    At the time of becoming a Registered User, please ensure that the details provided by you are correct and complete, and in case of any changes to the same, edit and update them in "Your Account" on the Platform. All information provided by the User shall be maintained in accordance with the Policies of the Platform. In case any information is found to be fake or dubious, or infringes upon rights of a third party, TYG reserves the right to block and terminate the account without notice. TYG may also refuse service to and/or terminate such accounts that are found to be in violation of the Terms of Use and Policies of the Platform in its sole discretion.

    If you are authorized by an existing User to use their account to access, browse or use the Platform, it is assumed that you and such User acknowledge that your activities and conduct on the Platform would bind them to the Terms of Use and Policies of the Platform in the manner that they themselves were accessing, browsing or using the Platform.

    Privacy

    In the interest of our Users and Visitors and their personal information, TYG has formulated a Privacy Policy in consonance with the relevant existing laws and regulations of the Republic of India, to ensure that your personal information is sufficiently protected. You are advised to review our Privacy Policy to understand our practices and how they govern your visit and use of the Platform. The personal information/data provided by you during your visit/use of the Platform shall be treated in accordance with the Privacy Policy of TYG. Your continued use of the Platform would imply that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. The Privacy Policy is also subject to amendment or change in accordance with the relevant laws of the Republic of India, and therefore, you are advised to review it from time to time. If you object to the terms of the Privacy Policy, you may choose not to use the Platform any further.

    To provide better services, TYG may need to contact the Users with various modes of communication, including offers, newsletters, official messages, etc., via e-mail, WhatsApp and short messaging services (SMS) or any other mode of communication, electronic or otherwise, and would therefore be required limited access the User’s personal information. If the User does not wish to receive such communication, you may opt out of such services. The personal information of the Gloffiliate shall be kept confidential and would not be shared with the User or Visitor, and vice-versa, except on the invoice(s) of their product(s). For detailed information on how TYG keeps your personal information confidential, it is advised to read our Privacy Policy carefully.

    Access to There You Gloww Platform

    TYG is constantly working to ensure that your experience of using the Platform is seamless and uninterrupted and that all transmissions and transactions are error-free. However, due to the nature of the internet, it cannot be guaranteed. Access to the Platform may occasionally be restricted or suspended to allow for maintenance, repairs, upgrades or introduction of new facilities or services at any time without notice to enhance your experience. We will attempt to limit the frequency and duration of any such suspension or restriction.

    e-Platform for Communication

    The Platform is an online platform that enables the Users and Visitors to purchase products listed on the Platform at the price indicated therein at any time from any location. The Platform also enables Gloffiliates to sell their preowned beauty and makeup products on the Platform. TYG is only a facilitator and has no stake in any of the preloved products listed by Gloffiliates. Therefore, There You Gloww or TYG cannot be a party to, or control in any manner, any transactions on the Platform. Accordingly, the contract of sale of Preloved products on the Platform shall be a strictly bipartite contract between you and the 'Gloffiliates' on the Platform.

    Communications

    The nature of communication between you and TYG is electronic, and therefore, you are required to provide valid and correct phone number and e-mail address while placing an order on the Platform. We may communicate with you by e-mail, WhatsApp, SMS, phone call or by posting notices on the Platform or by any other mode of communication. TYG would not be liable for any losses incurred by you as a direct consequence of providing incorrect phone number and/or e-mail address.

    Limited License for Access

    Subject to compliance with the Terms of Use and payment of applicable fee, if any, TYG grants its Users and Visitors a limited, non-exclusive, non-transferable license to access and make personal and non-commercial use of the Platform, but not to download (other than cookies and page caching) or modify it, or any portion of it, except with written consent of TYG and/or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents, any collection and use of any product listings, description, or prices, any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

    This Platform, or any portion thereof, including but not limited to any copyrighted material, trademarks, or other proprietary information, may not be reproduced, copied, duplicated, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without written consent of TYG and/or its affiliates, as may be applicable. Any and all unauthorized use of the Platform would warrant immediate termination of the permission or license granted by TYG to access, visit and/or use the Platform and to block and prevent future access to the Platform.

    Third Party Links

    Any third party links on the Platform are merely for ease of usage for our Users and Visitors, and should not be construed to be advertisement, endorsement, recommendation or sponsorship by TYG, its affiliates or partners of the referenced content, product, service or supplier. TYG shall not be responsible for the content, products, services and actions of any third party sites and/or portals, including their terms and conditions and policies, and does not make any representations regarding the content or accuracy, examination and/or evaluation of material or content on such sites and/or portals. The User and Visitor shall solely be responsible for any risks associated to such third party sites should they choose to click on them or visit them, and are therefore advised to carefully review the terms and conditions and policies of such third party sites that they visit.

    In the interest of transparency, TYG endeavours to be as accurate as possible in the description of the products on the Platform. Product description includes information about ingredients, colour, container description, quantity, and other relevant information to enable Users and Visitors to make an informed choice. However, TYG does not ensure 100% accuracy in product description. In case of Preloved products, product description is reproduced from the product label, while information about the condition of the container and the quantity remaining is assessed and provided by TYG to the best of their ability.

    The Platform may contain some typographical errors or inaccuracies that may be out of control of TYG. The product images displayed are solely indicative and may not match the actual product. Therefore, TYG reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time without notice, including after an order has been placed or shipped. Such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services provided by TYG.

    Product Use & Services

    The products and services available on the Platform are only for personal and/or professional use of the Users and Visitors, and may not be sold for any commercial reasons.

    Like it is advised with purchase of any beauty and makeup product, it is strongly recommended and advised that you perform a patch test before using any product purchased from the Platform. You are also advised to carefully read through the ingredients of the products before purchasing you to minimize your risk of any side-effects. In case of purchase of Preloved products, TYG ensures all steps to sanitize and sterilize the products are undertaken, however, it is still advised to conduct a patch test as mentioned above to prevent or minimize any risks from the ingredients or composition of the product.

    TYG will in no manner be responsible for your purchase of a product that does not suit your skin. By purchasing a Preloved product, you acknowledge the risks that may come with purchase of such products, and therefore, TYG shall not be liable for any side-effects caused by the use of such products. The User and Visitor is advised to carefully read the respective terms and conditions of each product and consult a specialist before the use of the same.

    The Platform uses cookies to recommend the User and Visitors products based on their search history and purchase history. Any recommendations made during the access, browsing or use of the Platform are purely for information and convenience of the User and Visitor and do not amount to endorsement of the product.

    Pricing and Availability of the Products

    Prices of the Preloved products are determined based on the quantity remaining, time left until expiry and other factors that are internally decided by TYG in consonance with the Gloffiliate. For more information, you may refer to our Pricing Policy which shall apply to all products ordered from the Platform. All prices are inclusive of all taxes, duties and cesses as applicable, unless mentioned otherwise.

    If, due to any technical error, a product is listed with an incorrect price or information, TYG shall have the right to correct it at any time, including after the order has been placed or shipped. In the event the knowledge of incorrect pricing comes to light after order has been placed, shipped or delivered, TYG will contact the User or Visitor, who may either cancel the order, or adjust the pricing by paying the extra amount in case of an undervalued product, or receive the excess amount paid in case of an overvalued product.

    We list availability information for all products sold on our Platform, including on each information page. However, the accurate information may be known only at the time of check out as it is subject to change in the event another User or Visitor checks out the product before you. TYG may revise or cease to make available any product at any time at its sole discretion.

    Cancellation, Exchange, Return, and Refund Policy

    The User or Visitor may at any time cancel their order for no cost before receipt of dispatch e-mail. However, once the products are dispatched, they may only be refunded or returned as per the Cancellation, Exchange, Return, and Refund Policy.

    TYG does not accept returns or exchanges of Preloved products. 

    Mode of Payment

    Payment for products may be made separately by purchasing them as separate orders or by clubbing them together as a single order. Payment may be made either online via Credit Card, Debit Card, Net Banking, RuPay, PayTM, GooglePay, or on delivery, subject to conditional delivery charges. There is no EMI option for making payment, and therefore all payment must be made together at once.

    Shipping and Delivery

    The date of delivery mentioned on the Platform for each product is only a tentative date, and is subject to change depending on other external factors, including accidents, calamities, disasters, wars, etc. TYG endeavours to ship your orders in a quick and timely manner, and for the same has engaged an external delivery service. Details pertaining to the package are shared by a third party delivery company when the package has reached the destination hub. To ensure safe delivery, it is advised that the User or Visitor, or someone authorized on their behalf, be present to collect the order at the time of delivery, which will be intimated beforehand. In case the User or Visitor might not be available on the estimated or the intimated date and time of delivery, they may reschedule the delivery in advance to avoid any inconvenience to them as well as the delivery man.

    Losses

    TYG will not be responsible for any business losses, including but not limited to loss of profits, revenue, anticipated savings, wasted expenditure, contracts, data, or goodwill, or any other indirect or consequential loss that could not reasonably be foreseen to both you, and us when you agreed to and commenced business on the Platform.

    User Content & Conduct

    The Users and Visitors are responsible for the User Content provided to TYG, and we shall not be held responsible or liable in any manner whatsoever, in connection with the User Content. The User and Visitors shall ensure that the User Content is within the ambit of laws of the Republic of India, and as such undertake not to upload, publish, display, host, transmit, or share any information that is

    • Unlawful, illegal, and in contravention to the existing laws of the Republic of India and international treaties;
    • Abusive, deceiving, derogatory, defamatory, harassing, hateful, libellous, malicious, menacing, misleading, offensive racist, ethnically hurtful, trolling, unethical;
    • Blasphemous and hurts religious sentiments of any religion or sect;
    • Harmful or hurtful for minors;
    • Indecent, objectionable, obscene, paedophilic, pornographic, sexually explicit or implicit,
    • Invasive of privacy, infringing any intellectual property and proprietary rights, relating to identity theft, harmful for third party rights;
    • Relating to political propaganda, inciting unrest;
    • Relating to gambling, money laundering, defrauding, cheating;
    • Containing malware, virus, security threat; and/or
    • A risk to harmony, integrity, peace, public order, security, unity or sovereignty of the Republic of India, or international relations between India and other foreign states.

    As a User or Visitor, you are deemed to acknowledge that you might be exposed to User Content that may be exposed to User Content that is contrary to our guidelines and beyond the control of TYG. Therefore, you are deemed to waive all rights to any claims against TYG for any User Content that may allegedly or actually be offensive, indecent, objectionable, etc. to you, and/or infringing on third party privacy, proprietary rights, moral rights, etc. in connection with such User Content. You may, however, report such User Content by visiting our Contact Us page, which may be taken down subject to our internal review.

    TYG shall in no way be held responsible for examining or evaluating User Content, nor do we assume responsibility or liability for User Content. TYG does not control or endorse the User Content posted, shared or transmitted on the Platform by the User and therefore, its accuracy, integrity, ingenuity or quality is not guaranteed by TYG. However, TYG reserves the right to suspend or permanently delete such User account without prior notice that is in grave contravention of the policies and guidelines laid by TYG.

    Comments and Reviews

    The Users and Visitors may post reviews, comments and other content including images, as long as the content, including the images, is not illegal, abusive, blasphemous, derogatory, defamatory, deceptive, fraudulent, libellous, malicious, menacing, misleading, objectionable, obscene, offensive, paedophilic, pornographic, sexually explicit, unethical, indecent, invasive of privacy, harassing, racist, infringing on intellectual property rights, injurious to any third party, politically driven, consisting of malware, or any form of spam, or relates to gambling, money laundering, impersonation of another person, or threatens political and religious harmony of the nation and its people. Every User or Visitor who posts a comment or review shall be deemed to give consent to usage of their name to ensure authenticity of their comment and review. It shall further be deemed to be acknowledgment and consent for non-exclusive, irrevocable, perpetual and royalty-free usage of such content to be displayed and published on the Platform and throughout the world in any media. TYG reserves the right to remove any comment or review, the content of which is in contravention to the aforementioned conditions.

    The User or Visitor shall be solely responsible for the content posted by them as comments and/or review of a product, and ensure that the content is lawful, accurate, without malice, is in accordance with Policies and guidelines of TYG, and will not cause injury to any third party. The User or Visitor shall be liable to indemnify TYG against any and all claims brought by any third party consequent to or in connection with breach of the conditions and warranties set forth by TYG.

    TYG believes in Community building, and therefore, in case there is any comment or review in breach of our policies and guidelines, the User, Visitor or Gloffiliate may take the initiative and notify us of the same by reporting the comment or review. Our team will review the same and if deemed inappropriate, would take it down immediately.

    In case the User or Visitor has any suggestions or ideas for improvement of services provided by TYG, you may contact us directly by visiting our Contact Us page and leaving a message there. In case there are any questions regarding a particular product, you are advised to first visit our FAQs page, and in the event the FAQs page is not found helpful, you may raise your query on our Contact Us page.

    Gloffiliate’s Responsibility

    Being a Gloffiliate assumes a lot of responsibility in terms of ensuring that the product being sold is authentic, genuine, not expired, and still in the condition to use. As a Gloffiliate, you are deemed to acknowledge and agree to strictly follow the conditions for sale in our Seller Form. The Gloffiliate shall solely be responsible for any damage to product(s) during shipping arising out of negligent and careless packaging contrary to our packaging guidelines. TYG reserves the right to reject a product that was damaged during shipping and therefore, it is advised that you follow our guidelines closely.

    For detailed information relating to Gloffiliates, visit our Seller Form.

    Intellectual Property Claims

    The “There You Gloww” and “TYG Cosmos LLP” names and logos and all related product and services names, design marks and slogans are trademarks, logos or service marks (“Indicators”) of TYG. The content published on the Portal, including but not limited to text, graphics, button icons, images, audio clips, data compilations, collection, arrangement and assembly, and software, and the compilation and thereof (collectively, the “Content”) is the property of TYG, and/or our affiliates, partners or licensors, and is protected by relevant Indian intellectual property laws and international treaties. Access to the Portal does not authorize the User or Visitor to put to utility, replicate, republish, redo, copy, modify, trade, resell, retrieve, alter, or otherwise misuse, in whole or in part, for any purpose the content, in part or in full, available on the Portal without express written consent of TYG and/or its affiliates, as applicable. All Indicators and Content displayed on the Portal, whether registered or unregistered, are property of TYG, and TYG shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of Indicators.

    All images of Preloved products, having been taken by TYG, are intellectual property of TYG. We respect intellectual property of others, and in case you believe that your rights have been used in a manner that may give rise to concerns of infringement, please notify us on our Contact Us page.

    Termination

    The Terms of Use are effective until and unless terminated either by the User, Visitor, Gloffiliate, or TYG. You may terminate the Terms of Use at any time, provided you delete your User account and/or discontinue any further use of this Portal. TYG may terminate the Terms of Use at any time and without notice, and accordingly deny access to the Portal. Such termination will be without any liability to TYG.

    Upon termination, either by you or TYG, the User, Visitor, and/or the Gloffiliate would be required to promptly permanently delete and destroy all materials downloaded or otherwise obtained from this Portal, as well as all copies of such materials, whether made under the Terms of Use or otherwise.

    Termination of Terms of Use does not release the User or the Visitor from payment of products already ordered from the Platform, nor does it absolve you from any liability that may have arisen under the Terms of Use during your use of the Platform.

    Entire Agreement

    If any part of these Terms of Use is determined to be invalid, or unenforceable pursuant to applicable laws, including but not limited to the warranty disclaimers and liability limitations set forth above, then only that part or provision that is deemed invalid or unenforceable shall be deemed to be superseded by a valid and enforceable provision that matches the intent of the original provision and the overall Terms of Use most closely, and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified, the Terms of Use shall constitute the entire agreement between the User, Visitor, or Gloffiliate, and TYG, with respect to the products and services available on the Platform, and shall supersede all prior or subsequent communications and proposal, whether electronic, oral or written.

    Indemnity & Release

    The User and Visitor are deemed to agree to defend, indemnify and hold harmless TYG, its partners, employees, officers, agents, and their successors and assigns, its affiliates, partners, or licensors, from and against any and all claims, liabilities, demands, damages, losses, costs and expenses, or actions including attorney fee, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to TYG or any third party, or penalty imposed due to or arising out of your actions or inactions including but not limited to breach of any representations, undertakings or warranties, or in relation to non-fulfilment of any of your obligations under the Terms of Use, or arising out of the violation of any applicable and existing laws, regulations, including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy, loss of service by other Users or subscribers, and infringement of intellectual property or other rights. This clause for indemnity shall survive the expiry or termination of the Terms of Use.

    The Gloffiliates are deemed to agree to indemnify TYG, its partners, employees, officers, agents, and/or their successors and assigns, its affiliates, partners, or licensors, from and against any and all claims, liabilities, demands, damages, losses, costs and expenses, or actions including attorney fee, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to TYG or any third party, or penalty imposed due to or arising out of your actions or inactions including but not limited to breach of any representations, undertakings or warranties, or in relation to non-fulfilment of any of your obligations under the Terms of Use, or arising out of the violation of any applicable and existing laws, regulations, including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy, loss of service by other Users or subscribers, and infringement of intellectual property or other rights. This clause for indemnity shall survive the expiry or termination of the Terms of Use.

    Jurisdiction

    These Terms of Use are governed by and construed in accordance with the existing laws of the Republic of India. The User, Visitor, and Gloffiliate are all deemed to acknowledge and submit to the exclusive jurisdiction of the courts at Delhi. Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Portal shall be referred to an independent Arbitrator, who may be appointed mutually or at the behest of the High Court of Delhi, and their decision shall be final and binding on the parties thereto. The seat and venue of such Arbitration shall be Delhi, and be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.

    Disclaimer

    By accessing, browsing or using this Portal, the User and Visitor are deemed to acknowledge and undertake that the services are being taken and transactions are being entered and made at their own risk and effected after their fair and wise judgment without any coercion or influence from TYG or TYG. The User and Visitor are further deemed to acknowledge and undertake that the Portal is being used for their personal use and not for any commercial purpose. TYG shall not be responsible or liable for any action or inaction of the Gloffiliate, nor any breach of contracts, conditions, representations, guarantees or warranties by the Gloffiliate, and hereby expressly disclaim any and all responsibility and liability in that regard. TYG shall further not be responsible or liable to resolve or mediate any dispute or disagreement between you and Gloffiliate.

    While TYG takes extra precaution in providing accurate product information, we further expressly disclaim any representations or warranties, whether express or implied, in respect of quality, accuracy, reliability, suitability, performance, safety, or legality of the content or products listed or displayed or transacted on the Platform. TYG does not and shall not hold any right, title or interest in the Preloved products sold through or displayed on the Platform, nor shall TYG have any obligations or liabilities in respect of any transactions on the Platform.

    LAST UPDATED: 15 FEBRUARY, 2022


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