Terms & Conditions

AGREEMENT

Welcome to Skintice, the Kiosk, website and Online Services provided by SSK Digital Fashion Pvt. Ltd., a company incorporated under Companies Act, 1956 with its registered office at E-102, Kabir Enclave, Bopal, Ahmedabad, India (hereinafter referred to as "SKINTICE") and Corporate office at E-119, Lower Ground Floor (Right Side), Kalkaji, New Delhi (India) – 110 019.

 

This agreement also contains the policies, terms, and conditions that apply to orders and purchases from SSK Digital Fashion Pvt. Ltd. ("Skintice Kiosks"/Website) that will be provided to you ("Customer") on all orders and purchases of Mobile Skins ("Products"). By placing an order with Skintice Kiosks/Website, Customer accepts these policies, terms, and conditions. These Terms of use also includes the terms and conditions for the 'Franchise' in business with the Skintice Kiosks/Website. By accessing the Kiosk/Website, you accept these policies, terms, and conditions. 

 

Your use of the Website/Kiosks services of SKINTICE is governed by the following terms and conditions ("Terms of Use") as applicable to the Website/Kiosks. By mere use of the Website/Kisoks, you shall be contracting with SSk Digital fashion Pvt Ltd, these terms and conditions constitute your binding obligations, with SKINTICE.

 

SKINTICE may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on Skintice.com. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. 

 

From time to time SKINTICE may offer website/Kiosks visitors the opportunity to participate in additional features or services through Skintice.com/Skintice Kiosks. You may be required to enter into additional agreements or authorizations before you can access such features or services. 

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, PLEASE READ THE "TERMS OF SERVICE" CAREFULLY BEFORE PROCEEDING

 

By using www.skintice.com/ Skintice Kiosks, you accept and agree to be bound by these Terms of Service. You can review the most current version of these terms by clicking on the "Terms of Service" link located in the registration section of the SKINTICE website/Kiosks, www.skintice.com. The most current version will supersede all previous versions. By continuing to use the SKINTICE Service after changes are made, you agree to be bound by such changes.


SPECIAL TERMS FOR INTERNATIONAL USE

Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. 


BREACH OF THESE TERMS OF USE

You are responsible for making all arrangements necessary for you to have access to the Skintice Site. You are also responsible for ensuring that all persons who access the Skintice Site through your internet connection are aware of these Terms of Use, and that they comply with them.

 

  When we consider that a breach of these Terms of Use has occurred, we may at our discretion take such action as we deem appropriate. Any carrying on of any Prohibited Use constitutes a material breach of these Terms of Use, and may result in us taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Skintice Site or the Skintice Service.
     
  • Issue of a warning to you.
     
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. 
     
  • Further legal action against you.
     
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

 

If you breach these Terms of Use by using the Skintice Site or the Skintice Service for a Prohibited Use, we will have no obligation to fulfil any order you may have placed with us and you accept that you will forfeit any money paid to us in the submitting of that order.


PRIVACY

Any information that you submit or that we collect when you are using the SKINTICE Service is subject to the SKINTICE Privacy Policy, the terms of which are incorporated into these Terms of Service.


RESTRICTIONS ON USE OF MATERIAL/PROPRIETARY RIGHTS

This Site/Kiosk is owned and operated by SSK Digital Fashion Pvt. Ltd., or its appointed Franchisees. No material from the Site/Kiosk or any other website owned, operated, licensed, or controlled by SKINTICE may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in anyway, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of SKINTICE's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other web site, online service or other service is prohibited. 

 

You acknowledge and agree that the Skintice Site or the Skintice Kiosks and any necessary software used in connection with the Skintice Site or the SkinticeKiosks ("Software") contain proprietary and confidential information of SSK Digital Fashion Pvt Ltd that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Skintice Site, the SkinticeKiosks or the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Skintice Site or the Skintice Service or the Software, in whole or in part.


Your Submissions to the Site/Kiosks.

You agree that, when using the Skintice Site or the Skintice Service, you will provide true, accurate, current and complete information about yourself as prompted by the Skintice Site or the Skintice Service (as the case may be).

 

You acknowledge that we have no obligation to monitor or moderate Content. Please also remember that the Skintice Site and the Skintice Service are designed to appeal to a broad audience. Accordingly, as legal guardian of your child, it is your responsibility to determine whether any of the Content is appropriate for him or her. Children who are using the Skintice Site or the Skintice Service should be made aware of the potential risks to them and their obligation to comply with these Terms of Use when using the Skintice Site and the Skintice Service.

 

You agree to not use the Skintice.com/Skintice Kiosks to:

  • Upload or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, obscene, libellous, defamatory, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
     
  • Harm children in any way
     
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the SKINTICE Website/Kiosk
     
  • Upload or otherwise transmit any Content that you do not have a right to upload or transmit under any law or under contractual or fiduciary relationships (such as "inside information", proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
     
  • Upload or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
     
  • Upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the SKINTICE Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
     
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
     
  • Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act
     
  • Publish a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism, (collectively referred to as the "Prohibited Uses")

 

You acknowledge that we have no obligation to monitor or moderate Content. We will not be responsible as author, editor or publisher of any Content submitted by you and we expressly exclude any liability for any loss or damage arising from the use of the SKINTICE Site/Kiosk by any person for any of the Prohibited Uses or otherwise in contravention of these Terms of Use.

 

You understand that when using the SKINTICE Website/Kiosks, you will be exposed to User Submissions from a variety of sources, and that SKINTICE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.

 

SKINTICE may however, through additional online features enable the users to exchange information and design models, with the sharing of the liabilities arising therefrom exclusively to the portal.

 

We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any Content that is available via, or uploaded to, the SKINTICE Site/Skintice Kiosks that breaches these Terms of Use or which we deem to be potentially defamatory of any person, unlawful or in breach of any third party's rights. You agree that you must evaluate, bear all risks associated with, and fully and personally indemnify us against any liability associated with, your use or uploading of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.


LINKS FROM OUR SITES

  • We may provide, or third parties may provide, links to other websites or resources through the Skintice Site. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
  • Skintice.com may contain link(s) to different website(s) from where you can choose and upload any design, image or picture to place an online order to Skintice.com to produce a mobile skin or cover for the same. However, the images, photographs, or other materials, so uploaded from any such link(s) to place an online order, would beyour sole responsibility and Skintice shall not be liable for any such content whatsoever. You would be entirely responsible for all the Content that you upload, post, email, transmit or otherwise make available for Skintice Services. You would be solely liable for any contravention of law, including, but not limited to, Copyright issues or any other intellectual property infringement.

LINKING TO OUR SITE

You may link to our Skintice.com home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

 

You must not establish a link from any website that is not owned by you. 

 

Our site must not be framed on any other site, nor may you create a link to any part of the Skintice Site other than the home page. We reserve the right to withdraw linking permission without notice. 

 

The website from which you are linking must comply in all respects with the Content standards set out in these Terms of Use.

 

If you wish to make any use of material on the Skintice Site other than that set out above, please address your request to info@Skintice.com


YOUR COPYRIGHT

You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to the service. We claim no ownership rights in any images or photographs submitted to the service. Solely for the purpose of enabling your images or photographs to be Further apart from the aforesaid, there are images, pictures or photographs developed, designed and created for and on behalf of  SSK Digital Fashion Pvt. Ltd. by its designers or employees for submitting the same to the service.  SSK Digital Fashion Pvt. Ltd. has taken due care and undertaken all possible due diligence to ensure that the  same do not infringe the copyright or any other right of any third party; yet in case of any complaint in this regard SSK Digital Fashion Pvt. Ltd. might be informed as per the terms of the following clause:uploaded and made available on the service and to fulfill print orders made for your images and photographs you grant to us and to any store which fulfills print orders of your images or photographs, a perpetual worldwide non- exclusive transferable royalty-free copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate and distribute to our staffyour images or photographs. You acknowledge that we have no control over the use of your images or photographs and shall not be held liable for any use, publication or copying of your images and photographs. You waive all rights of action or other claims you may have against us in respect of any such use, publication or copying.

 

Further apart from the aforesaid, there are images, pictures or photographs developed, designed and created for and on behalf of  SSK Digital Fashion Pvt. Ltd. by its designers or employees for submitting the same to the service.  SSK Digital Fashion Pvt. Ltd. has taken due care and undertaken all possible due diligence to ensure that the  same do not infringe the copyright or any other right of any third party; yet in case of any complaint in this regard SSK Digital Fashion Pvt. Ltd. might be informed as per the terms of the following clause:

 

COPYRIGHT CLAIMS (Skintice Website/Kiosks)

We respect the intellectual property rights of others and request that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent vide the belowmentioned details:

 

SSK DIGITAL FASHION PVT. LTD

E-119, Lower ground Floor (Right Side),

Kalkaji, New Delhi-110019.

 

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

  •  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
     
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
     
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
     
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
     
  •  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
     
  •  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

In relation to any information of objectionable / infringing material posted by the member(s), we will refer the complaint to the member concerned. It is the member's responsibility to resolve any such issues. Should the member not resolve the complaint satisfactorily, within 30 working days of the date on which the matter was referred to the member (the "Referral Date"), we shall take all necessary steps to resolve the complaint . Further, we reserve the right, in our absolute discretion, to suspend the membership until such time as the matter is resolved. In case the complaint could not be referred to a member for any reason whatsoever, then we shall be prompt to investigate the matter at our end and take necessary action to resolve the complaint.


DISCLAIMER FOR WARRANTIES

THE SKINS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SKINTICE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SKINTICE MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SKINTICE'S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY REGARDING ANY SOFTWARE, SKINS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, SKINS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion ,defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. 

 

We make no warranty or representation that: (i) the Skintice Site or the Skintice Kiosk will meet your requirements; (ii) the Skintice Site or the Skintice Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Skintice Site or the Skintice Kiosk will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Skintice Site or the Skintice Kiosk will meet your expectations; or (v) any errors in the Software will be corrected; 

 

SKINTICE reserves the right to do any of the following, at any time, without notice:

 

to modify, suspend or terminate operation of or access to the Site, the Kiosk or the Service, or any portion thereof, for any reason; (2) to modify or change the same, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of the same, and any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.


LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SKINTICE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SKINTICE OR A SKINTICE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY MATERIALS IN THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SKINTICE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY SKINTICE PRODUCT. 


PRIVACY POLICY

SKINTICE asks customers to provide various personal information while placing an order, such as Name, Address, Email Address, Age, Gender and Contact Numbers. We use this data only for the purpose of processing an order and communicating with the customer about the status of an order

 

We treat this customer information as private & confidential. We will not disclose this information to other individuals or organizations unless required by Law

 

We will not e-mail you in the future unless you have given us your consent. We will give you the chance to refuse any marketing email from us or from another trader in the future

 

We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you byemailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and thelaw. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings. If you have any questions/comments about privacy, you should contact us

 

We are committed to safeguarding the privacy of our customers' personal data


USER PASSWORDS

While signing up for the optional SKINTICE user account you will be required to create a password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. SKINTICE cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Skintice Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Skintice Site, the Skintice Service or any of our interests. You must not attempt to gain unauthorised access to the Skintice Site, the server on which the Skintice Site is stored or any server, computer or database connected to the Skintice Site. You must not attack the Skintice Site via a denial-of-service attack or a distributed denial-of service attack. 

 

In the event of any breach of this clause, your right to use the Skintice Site and the Skintice Service will cease immediately.


CANCELLATION OF ORDER

SKINTICE reserves the right to cancel any order without any explanation for doing so, under situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the SKINTICEpolicy or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.



INDEMNITY

You agree to indemnify and hold us and our Related Parties (as that term is defined in the Companies Act 1993), officers, employees, Franchisees and contractors harmless from any claim or demand made by any third party or any damages, costs, losses (including, without limitation, exemplary damages, loss of profits or consequential loss) and expenses of any kind, whether direct or indirect, which arise from or in connection with any Content you submit or transmit through the SKINTICE Site, your use of the SKINTICE Site, your connection to the SKINTICE Site, your breach of these Terms of Use, or your breach of any rights of any third party, or your act, omission or negligence.


ADDITIONAL USER TERMS AND CONDITIONS FOR SKINTICE KIOSKS

In addition to the above mentioned general terms and conditions, below are some additional Terms and conditions applicable to the SKINTICE KIOSK service


PRICING AND PRODUCT POLICY

Skintice Kiosks sells originally designed or customized skins. Images on Site may not always represent the exact Designs. Skintice Kiosks holds the right to change prices or discontinue Skins at any time without prior notice in order to remain competitive. 


CUSTOMER ACCESS, SALE, SECURITY AND PRIVACY POLICY

Every order is examined and processed by a Skinticeor SkinticeKiosks employee to protect Skintice, Skintice Kiosks and its Customers from fraudulent transactions. Skintice Kiosks do not retain credit card information, except Customer account used for order payment. 

Skintice Kiosks will never share, sell, or rent your personal information. Information provided is used solely for the fulfillment of your order and possible promotional notifications from Skintice Kiosks. 

Customer is responsible for any applicable sales, use or other taxes or central, state, or local fees or Assessments associated with the sale. Any sales, use, or other applicable tax or fees or assessments is based on the location to which the order is completed.


MOBILE EQUIPMENT POLICY

Mobile equipment given for modification into the Skintice Kiosk is the responsibility of the customer. Any damage or loss to the mobile equipment is the responsibility of the customer. Damage due to the following reasons is also the responsibility of the customer. 

  • Products that have been defaced, modified, or physically damaged.
     
  • Products that have become non-functional due to user error or virus. 
     
  • Software, including Software in Systems.

Skintice Kiosk will return Product to the contact customer after the process at hand.


DISCLAIMERS

Skintice Kiosks holds the right to accept, decline, refuse, or cancel an order for any reason. Receipt of an electronic confirmation does not signify Advanced Kiosks acceptance of order or confirmation of Advanced Kiosk's offer to sell. Terms of payment are at the discretion of Advanced Kiosks.


TRADEMARK INFORMATION

Skintice.com, the Skintice.com logo and product and service names are trademarks owned by SSK Digital Fashion Pvt. Ltd. You agree not to display or use such marks, logos and/or branding without our prior express written permission.


ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.

 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the IPC of India.

The Delhi (India)  courts will have exclusive jurisdiction over any claim arising from, or related to, the Skintice Site or the Skintice Service, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.


BREACHES

Please report any breaches of these Terms of Use by using the reporting function buttons displayed throughout the Skintice Site.

 

Copyright © 2013 SSK Digital Fashion Pvt. Ltd.. All rights reserved.