The Website Cabelo Chave (https://cabelochave.com/) is owned by Lazy Soul Cosmetics LLP, a company incorporated under the Companies Act, 2013.
Welcome to Cabelo Chave website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Cabelo Chave's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
These terms and conditions set forth the legally binding terms and conditions for your use of this website such as features, content, trademarks, apps, widgets offered, or any purchases made through this website.
These terms and conditions shall apply to all users of the site, including, without limitation, users who are contributors of content, information, and other materials or services on the site. The use of this website is subject to the following terms of use: By just using this website, you specifically approve our utilization and disclosure of your personal information in agreement with this privacy policy.
License:
Cabelo Chave grants you a non-exclusive, non-transferable, revocable, limited license to use the photographs, images, artwork, and other written/visual materials, trademarks, copyrights appearing on the Cabelo Chave website (the "Images/Files") in accordance with the terms and conditions of this license agreement ("License"). The distribution agreement which you have entered into with Cabelo Chave, pursuant to which you have been authorized to sell Cabelo Chave professional products (the "Distribution Agreement"). Capitalized terms used herein shall have the meanings ascribed to them in the distribution agreement unless the context otherwise requires.
Proprietary Rights:
You recognize and acknowledge that (A) Cabelo Chave is the owner of all rights, title, and interest in and to the Images/Files in any and all forms thereof, and Cabelo Chave is also the owner of the goodwill attached to or associated with the Images/Files, including that which arises from the sale of the products, (B) all rights in and to the Images/Files/visuals are and shall remain the sole property of Cabelo Chave, (C) your rights to use the Images/Files shall be governed by this license agreement and the distribution agreement, and in the event of a conflict between the two agreements, the terms of this license agreement shall govern, (D) you do not have the right to modify or make any changes to the Images/Files without the prior written consent of Cabelo Chave. Your use of the Images/Files will be in compliance with any rules or guidelines established by Tibolli in its sole discretion from time to time. You shall have no other rights to the Images/Files or any other intellectual property belonging to Cabelo Chave or to any of its affiliates.
Permitted Uses:
During the term of the distribution agreement, Cabelo Chave authorizes the distributors to use the Images/Files in the territory on or in relation to the products for the sole purpose of exercising your rights and performing your obligations under the distribution agreement and only in such form and manner as are specifically approved in writing by Cabelo Chave, in its sole discretion, and for no other purpose. Tibolli may withdraw its approval for any previously authorized use of the Images/Files upon notice to you at any time and, in such event, you shall immediately cease such use. You acknowledge that the Images/Files shall be deemed to be part of the "Promotional Materials and Artwork" described in the distribution agreement.
Prohibited Uses:
The term of this license shall continue throughout the term of the distribution agreement, provided that you are in compliance with the terms and conditions herein and with the terms and conditions of the distribution agreement. This license will terminate immediately if you fail to comply with any of its terms or conditions or upon termination of the distribution agreement, whichever is first to occur. You agree, upon termination, to destroy all copies of the Images/Files of Cabelo Chave contents. Notwithstanding the foregoing, you shall immediately cease any use of the Images/Files (or such portion thereof as Cabelo Chave shall designate) upon your receipt of notice from Cabelo Chave that your rights to use the Images/Files (or a designated portion thereof) have terminated for any reason whatsoever.
No Warranties:
The Images/Files are provided and licensed by Cabelo Chave on an "as-is" basis, without any other warranties or conditions, express or implied, including, without limitation, warranties of merchantable quality, satisfactory quality, merchantability, fitness for a particular purpose, title, exclusivity, non-infringement, or those arising by law, statute, usage of trade, course of dealing, or otherwise. You assume the entire risk as to the results and performance of the Images/Files.
Limitation Of Liability:
In no event shall Tibolli have any liability to you or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages or expenses arising out of this license whatsoever (including but not limited to any damages or expenses for any: loss of use; lost profits; lost business; lost opportunity, lost data; costs of procurement of substitute goods or services; and business interruption) whether in an action based on contract, negligence or other tortious action, and whether or not Tibolli or any of its affiliates have been advised of the possibility of such damage or expense. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
Indemnification:
You hereby agree to indemnify, release, and hold harmless Tibolli, its parents, subsidiaries, affiliates ("Cabelo Chave Entities"), and their respective officers, directors, agents, employees, suppliers, resellers, licensors, and distributors against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs, or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by the Tibolli Entities, arising out of or relating to (A) your violation or breach of any term, condition, representation, or warranty of this license; (B) your use of the Images/Files; or (C) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity). You hereby acknowledge and agree that this indemnity shall be deemed to apply to, and exist for the benefit of, Cabelo Chave and its parents, subsidiaries, affiliates, and their respective officers, directors, agents, employees, suppliers, resellers, licensors, and distributors.
General:
This license and the distribution agreement constitute the entire agreement between you and Cabelo Chave, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. You may not assign this license without the written permission of Cabelo Chave, however, Cabelo Chave may assign this license at any time. Neither any failure nor any delay on the part of either party hereto in exercising any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. If any provision of this license is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the license and the other provisions shall remain in full force and effect. This license shall be governed by, and construed in accordance with, the laws of India. You agree that, except as set forth below, all actions, claims, disputes, and proceedings arising in connection with this license, your obligations hereunder or any alleged breach hereof, shall be tried and litigated solely and exclusively in the court of India. You further agree that you shall be subject to personal jurisdiction in India and consent to any and all actions or proceedings brought therein arising out of this license, your obligations hereunder, or any alleged breach hereof. The aforementioned choice of forum clause is intended by the parties to be mandatory and not permissive in nature thereby precluding the possibility of litigation between the parties in any other forum or jurisdiction; provided, however, that nothing contained herein shall preclude Cabelo Chave from bringing an action or proceeding in any jurisdiction seeking an injunction or other equitable relief against you. You hereby waive any right that you might have to assert that any litigation between the parties should be maintained in a different forum or jurisdiction for any reason including, without limitation, based on the doctrines of forum non-convenience or improper venue, or any similar theory.
Legal Disclosure:
Cabelo Chave may transfer and disclose information, including your personal information, usage information, and device identifier (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our terms of use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our sites, or the public.
Counterfeit Warning: Caution Notice for Indian Market
Cabelo Chave hair products undergo various quality control measures and conform to very high standards of certification. Consumers are urged to buy genuine Cabelo Chave products only from this website or the following authorized sellers on the below-mentioned e-commerce platforms. Please avoid purchasing such products from any other person, entity, or seller on any of the below-mentioned online stores since those products may be counterfeits, illegal adaptations, infringing devices, or not suitable for the Indian markets (whether in terms of safety, standard, or certification). Cabelo Chave Professional, the exclusive distributor in India ("We"/"Us"/"Our"), shall not assume responsibility for any such product(s) purchased from an unauthorized source other than through below-mentioned sources.
How to Avoid Counterfeits:
Brand Protection:
We strive to deliver high-quality products to our customers; hence, we regard such products as an infringement on our intellectual property rights and a violation of our registered trademarks. We will not hesitate to issue a warning letter, file petitions to the relevant authorities to condone the known offenders. Tougher actions and beyond, including further legal actions against such illegal counterfeiters and distributors will be carried out if deemed necessary. In addition, we would appreciate your understanding and support with regard to the following requests.
Please contact our sales representatives immediately if anybody tries to sell you any counterfeit or suspected counterfeit Cabelo Chave products or mail us immediately at info@cabelochave.com. We would like to encourage you, our customers, to join us to combat counterfeits by reporting known or suspected counterfeits to us by sending us an email. We appreciate your assistance in preventing the distribution of counterfeit products. Thank you for reading this and for your support of our efforts to protect our customers from negative experiences!
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