Terms of service

1. Terms

The company ONARIS BRANDS PRIVATE LIMITED, also known as “CUNIN,” with its registered office at Shop-021,Jagat Plaza-II, Jagat Farm, Alpha Greater Noida, Noida, Gautam Buddha Nagar- 201310, Uttar Pradesh, operates the website/application www.cunin.in (also known as “cunin.in” or “CUNIN” or “us” or “we” or “our”). Prior to using the CUNIN.in website/application, please read the Conditions of Use agreement carefully. You declare your acceptance of the Conditions of Use of CUNIN by using the website/application. By using the website/application, you agree to be bound by its terms.

2. Use License

If you use the website/application, you are in charge of protecting the privacy of your account information and password as well as limiting access to your computer to stop unauthorized users from accessing it. You consent to being held accountable for all actions taken using your account or password. You must take all necessary precautions to keep the password secure and confidential, and you must notify us right away if you have any reason to suspect that your password has come into the possession of a third party or that it is currently being used or is likely to be used in an unauthorized manner. Please make sure that the information you give us is accurate and full, and let us know right away if any of the details have changed since you registered. The website cunin.in has the right to restrict access, delete or alter content, and terminate accounts at any time without prior notice to you.

3. Grievance Officer

In accordance with the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”),and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time, we ensure that well-documented reasonable security practices and procedures are implemented and enforced at all times:

Amish Bibhu

Designation: FOUNDER, ONARIS BRANDS PRIVATE LIMITED Shop-021,Jagat Plaza-II, Jagat Farm, Alpha Greater Noida, Noida, Gautam Buddha Nagar- 201310, Uttar Pradesh

Conditions Relating to Your Use of cunin.in

1. Your Account

If you use the website/application, you are in charge of protecting the privacy of your account information and password as well as limiting access to your computer to stop unauthorized users from accessing it. You consent to being held accountable for all actions taken using your account or password. You must take all necessary precautions to keep the password secure and confidential, and you must notify us right away if you have any reason to suspect that your password has come into the possession of a third party or that it is currently being used or is likely to be used in an unauthorized manner. Please make sure that the information you give us is accurate and full, and let us know right away if any of the details have changed since you registered. cunin.in has the right to restrict access, delete or alter content, and terminate accounts at any time without prior notice to you.

2. Privacy

Review our Privacy Notice, which also applies to your visit to cunin.in, to learn more about our policies. The personal data that you give us when using cunin.in will be handled in strict confidence and in compliance with the Privacy Notice and any applicable laws and regulations. Please refrain from using the website if you don’t want your information sent or used in this way. We may contact you through phone calls and text messages for service-related communication or information, irrespective of whether your number is registered with the National Do Not Call Registry/ listed in the National Customer Preference Register or not.

3. Access to cunin.in (WEBSITE/APPLICATION)

We will use every effort to guarantee that the website/application will be accessible at all times and that all transmissions will be free of mistakes. This cannot be ensured, though, given the nature of the Internet. Your access to the website/application may also periodically be suspended or limited to allow for servicing, cleaning, or the unannounced introduction of new facilities or services. The frequency and length of any such suspension or limitation will be kept to a minimum.

4. Use of Website/Application

Without the express written consent of CUNIN and/or its affiliates, as applicable, it is prohibited to reproduce, duplicate, copy, sell, resell, visit, distribute, or otherwise exploit for any commercial purpose any part of this website/application, including but not limited to any copyrighted material, trademarks, or other proprietary information. Without the express written approval of CUNIN and/or its affiliates, as applicable, you are not allowed to utilize any cunin.in logos, proprietary graphics, or trademarks as part of the connection.

5. Your Conduct

You must not use the website/application in any way that interrupts, damages, or impairs in any way the website/application or access to it, or is likely to do so. You acknowledge that all electronic communications and information transferred from your computer to us are the exclusive responsibility of you and not cunin.in, and that only legal uses of the website/application are permitted. The following activities are not permitted on the website/application: for fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use, or reuse any content that does not belong to you; is unlawful, offensive (including, but not limited to, content that contains sexually explicit material or that encourages racism, bigotry, hatred, or physical harm); deceptive, misleading, abusive, indecent, insulting or harassing; blasphemous; defamatory; libellous; obscene; pornographic; paedophilic; or menacing; ethnically objectionable; proprietary information or right; or is otherwise injurious to third parties; or relates to or promote gambling or money laundering, is harmful to children in any way, impersonates someone else, threatens India’s unity, integrity, defence, security, or sovereignty, interferes with friendly relations with other nations, prevents an investigation into an offence, or insults another country, or is otherwise objectionable or illegal in any way, or consists of or contains any of the foregoing.

6. Reviews, comments, communications and other content

Users of this website/application may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, cunin.in reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of cunin.in violates these Conditions of use and, or terminate your permission to access or use this website/application. If you do post content or submit material, and unless we indicate otherwise, you (a) grant CUNIN and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) CUNIN and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You acknowledge and agree that the aforementioned rights are irrevocable for the duration of the time that your intellectual property rights in connection with the aforementioned content and material are safeguarded. You consent to giving up your right to authorship credit and your right to object to content being used negatively. You acknowledge that CUNIN may require the execution of deeds and other legal documentation in order to complete any of the aforementioned rights that you have granted to the company. You affirm and warrant that you own or otherwise control all of the rights to the content that you post or otherwise make available on or through the website/application; that, as of the date on which the content or material is submitted to cunin.in: (i) the content or material is accurate; (ii) use of the content or material you supply does not violate any applicable cunin.in policies or guidelines and will not harm any person or entity (including that the content is true and accurate); and that you have the authority to post the content; (iii) You consent to hold CUNIN and its affiliates harmless from any claims made by a third party that stem from or are related to a violation of any of the terms and conditions of this Agreement.

7. Copyright, authors’ rights and database rights

Text, graphics, logos, button icons, pictures, audio clips, digital downloads, data compilations, and software all belong to CUNIN, its affiliates, or its content providers and are covered by Indian and international copyright, author’s rights, and database rights laws. All of the content that makes up this website/application is the sole property of CUNIN and its affiliates, and it is protected by Indian law as well as international copyright and database rights laws. All of the software that is used on this website/application is owned by CUNIN, its affiliates, or its software providers and is covered by Indian and international copyright and author’s rights laws. Without CUNIN and/or its affiliates’ (as applicable) express written approval, you are not permitted to repeatedly extract or reuse portions of the website’s/application’s contents. Without the prior written authorization of CUNIN and/or its affiliates (as applicable), you are specifically prohibited from using any data mining, robots, or similar data collecting and extraction techniques to extract (whether once or many times) for re-utilisation of any substantial parts of this website/application. Additionally, without CUNIN and/or its affiliates (as applicable) prior written consent, you may not construct and/or publish your own database that contains significant (e.g., prices and product listings) portions of this website/application.

8. Trademarks

cunin.in, CUNIN, The CUNIN Logo and other marks indicated on our website/application are trademarks or registered trademarks of CUNIN, or its subsidiaries (collectively “CUNIN”). Cunin's trademarks and trade dress may not be used in connection with any product or service that is not Cunin's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cunin.

9. Disclaimer

You agree to use your best and most cautious judgment before engaging in any transactions through the website/application, and you realize that you are accessing the website/application services and transacting at your own risk. Additionally, you realize and agree that you will only use the website/application to order things for personal, not commercial, use. Although we have taken steps to prevent content inaccuracies, this website/application, its content, information, software, products, services, and related visuals are provided “as is” and without any warranties of any kind.

10. Indemnity, Release and Limitation of Liability

You agree to defend, indemnify, and hold CUNIN, its subsidiaries, affiliates, and each of their officers, directors, agents, and employees harmless from any claim, demand, action, or penalty brought by a third party due to or arising out of your violation of these Conditions of Use or any document incorporated by reference, or your violation of any law, rule, regulation, or the rights of a third party, including reasonable attorney’s fees. You specifically waive any claims or demands that you may have in this regard under any statute, contract, or other legal basis and hereby expressly release CUNIN and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions or inactions of the vendors.

To the maximum extent permitted by applicable law, in no event shall CUNIN, its parent entity, subsidiaries, affiliates, or any of their respective officers, directors, employees, agents, contractors, suppliers, service providers, or licensors be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, loss of goodwill, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from or relating to your use of, or inability to use, the website/application or any products or services purchased through it, even if CUNIN has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained in these Conditions of Use, the total aggregate liability of CUNIN and/or its affiliates, in any circumstance, for any claim arising out of or in connection with these Conditions of Use or your use of the website/application, shall not exceed the amount actually paid by you to CUNIN for the specific order giving rise to such claim.

Nothing in these Conditions of Use shall exclude or limit any liability that cannot be excluded or limited under applicable law, and the above limitations shall apply to the maximum extent permitted by applicable law.

11. Children

Use of cunin.in is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use cunin.in only with the involvement of a parent or guardian.

12. Communications

When you visit cunin.in, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by email, SMS, RCS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website/application and/or your order placed on the website/application.

13. Orders, Cancellation and Quantity Limits
We reserve the right to refuse, cancel, or limit any order placed with us, in whole or in part, at our sole discretion, including without limitation orders that appear to be fraudulent, orders arising from pricing or stock errors, orders to locations we are unable to service, or orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment instrument, and/or orders that use the same billing and/or shipping address.

If we cancel or modify an order, we will attempt to notify you using the e-mail address, phone number, and/or billing address provided at the time the order was placed. Where an order is cancelled by us after payment has been received, the amount paid shall be refunded to the original payment method within a reasonable period, and such refund shall be your sole and exclusive remedy in respect of the cancelled order.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the website/application, and to promptly update such information as necessary for us to complete your transactions and contact you.

14.Errors, Inaccuracies and Omissions

Occasionally there may be information on the website/application that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website/application is inaccurate, at any time and without prior notice, including after you have submitted your order and/or payment has been received. Any order cancelled on account of such error shall be treated in accordance with the section titled "Orders, Cancellation and Quantity Limits" above.

We undertake no obligation to update, amend, or clarify information on the website/application, including without limitation pricing information, except as required by law. No specified update or refresh date applied on the website/application should be taken to indicate that all information on the website/application has been modified or updated.

15.Products and Product Display

Certain products or services may be available exclusively online through the website/application and may be available in limited quantities. We have made every effort to display as accurately as possible the colours, images, and descriptions of our products; however, we cannot guarantee that your device's display of any colour, texture, or detail will be accurate.

You acknowledge that our fragrances may contain natural ingredients and that minor variations in colour, appearance, and scent may occur between batches; such variations are inherent to the nature of the product and shall not constitute a defect. You further acknowledge that the perception, projection, and longevity of any fragrance vary from person to person depending on individual skin chemistry, application, climate, and other factors, and that no representation or warranty is made in this regard.

We reserve the right, but are not obligated, to limit the sale of our products to any person, geographic region, or jurisdiction, to limit the quantities of any products we offer, and to discontinue any product at any time, at our sole discretion. All product descriptions and pricing are subject to change at any time without notice.

All returns, refunds, and exchanges are governed by our Returns Policy.

16.Entire Agreement, Waiver and Severability

These Conditions of Use, together with the Privacy Notice, Returns Policy, and any other policies or operating rules posted by us on the website/application or in respect of any product or service, constitute the entire agreement and understanding between you and us and govern your use of the website/application, superseding any prior or contemporaneous agreements, communications, representations, or proposals, whether oral or written, between you and us.

The failure of CUNIN to exercise or enforce any right or provision of these Conditions of Use shall not constitute a waiver of such right or provision, and no waiver on any one occasion shall be construed as a waiver on any subsequent occasion.

In the event that any provision of these Conditions of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Conditions of Use; such determination shall not affect the validity and enforceability of the remaining provisions.

Any ambiguity in the interpretation of these Conditions of Use shall not be construed against the drafting party.

17. Alteration of Service or Amendments to the Conditions

We reserve the right to alter these terms of use, our website/application, and our policies at any time. Unless a change to those policies or these conditions is mandated by law or a government agency, you will be bound by the rules and Conditions of Use in effect at the time you use the website/application or place an order with us (in which case it will apply to orders previously placed by you). The legality and enforceability of the remaining conditions will not be affected if any of these terms are found to be invalid, void, or for any other reason unenforceable.

18. Events beyond our reasonable control

If there is a delay or failure to perform our responsibilities under these terms due to an event that is beyond our reasonable control, we shall not be held liable. Your statutory rights are unaffected by this condition.

19. Governing law and Jurisdiction

The laws of India will be followed in interpreting and governing these terms. You and we both agree to submit to Delhi’s courts’ sole jurisdiction.