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Terms and Conditions

TERMS OF USE

The Website pH Laboratories India (https://www.phlaboratories.in) is owned by Auraine Botanicals Private Limited, a company incorporated under the Companies Act, 2013 With CIN No. U52100hr2014ptc052888 and its registered office at Building No. 22, Electronic City, Phase IV, Udyog Vihar, Sector-18, Gurugram – 122015 (India). 

Welcome to pH Laboratories India’s official 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 pH Laboratories India’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, kindly refrain from using this website. 

These terms and conditions establish the legally binding parameters for your use of this website, encompassing its features, content, trademarks, apps, widgets, or any purchases made via 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 our privacy policy.

License

pH Laboratories India extends to you a non-exclusive, non-transferable, revocable, limited license to employ the photographs, images, artwork, and other written/visual materials, trademarks, and copyrights featured on the pH Laboratories India website (the "Images/Files") as per the terms and conditions of this license agreement ("License"). This license is granted based on the distribution agreement you have entered into with pH Laboratories India, permitting you to sell pH Laboratories India professional products. The capitalized terms used herein shall hold the meanings ascribed to them in the distribution agreement, unless the context dictates otherwise. 

Proprietary rights

You acknowledge and affirm that (A) pH Laboratories India is the rightful owner of all rights, title, and interest in and to the Images/Files in any and all forms thereof, and pH Laboratories India 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 pH Laboratories India, (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 prevail, (D) you do not have the right to modify or make any changes to the Images/Files without the prior written consent of pH Laboratories India. 

Throughout the duration of the distribution agreement, pH Laboratories India grants authorization for distributors to use the Images/Files in the territory concerning the products for the sole purpose of exercising your rights and fulfilling your obligations under the distribution agreement. pH Laboratories India may retract its approval for any previously sanctioned use of the Images/Files upon notice to you at any time. You acknowledge that the Images/Files shall be deemed to be part of the "Promotional Materials and Artwork" described in the distribution agreement. Your use of the images/files will be in compliance with any rules or guidelines established by pH Laboratories India 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 pH Laboratories India or to any of its affiliates. 

Permitted uses

During the term of the distribution agreement, pH Laboratories India 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 pH Laboratories India, in its sole discretion, and for no other purpose. pH Laboratories India may withdraw its approval for any previously authorized use of the images/files upon notice to you at any time, 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

You may not:

  • Utilize any Image/File unless explicitly permitted by this license.
  • Replicate/Duplicate any Image/File thereof for backup/archival purposes.
  • Sublicense, lease, sell, lend, or distribute the Image/File to any third party.
  • Utilize any Image/File in electronic format, whether for online or offline purposes or in any other multimedia applications unless the Image/File is incorporated for viewing purposes only. No permission is granted to any third-party to download or save the image/file;
  • Transfer this license to any other individual, business, or legal entity.
  • Use, permit the use of, or attempt to register the Images/Files as a trademark or service mark, which could result in infringement of the right of publicity or other intellectual or proprietary right of any party.
  • Claim any proprietary rights of any kind with respect to the Images/Files or seek to register the copyright in or to the Images/Files.
  • Use any Image/File in association with identifiable individuals, identifiable products, or identifiable entities, except with the prior written permission of pH Laboratories India or pursuant to the terms of this license or the distribution agreement.
  • Upload, post, email, or otherwise transmit any user content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts or is otherwise inappropriate as determined by us in our sole discretion;
  • Create scandalous, obscene, defamatory, or immoral works that incorporate the Images/Files.
  • Use the Images/Files in connection with any product or service offered or sold by a competitor of pH Laboratories India.
  • Use the Images/Files for any purpose prohibited by law. 

This license will persist throughout the term of the distribution agreement, provided that you comply 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 the earlier occurrence. You agree, upon termination, to obliterate all copies of the Images/Files of pH Laboratories India content. Despite this, you shall promptly cease any use of the Images/Files (or such portion thereof as pH Laboratories India shall designate) upon your receipt of notice from pH Laboratories India 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 pH Laboratories India 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, noninfringement, 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. 

In no event shall pH Laboratories India 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). These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. 

Indemnification

You hereby agree to indemnify, release, and hold harmless pH Laboratories India, its parents, subsidiaries, affiliates ("pH Laboratories India 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 pH Laboratories India 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 nonproprietary right of a third party (including, without limitation, defamation, libel, violation of privacy, or publicity). You acknowledge and agree that this indemnity shall apply to, and exist for the benefit of, pH Laboratories India and its parents, subsidiaries, affiliates, and their respective officers, directors, agents, employees, suppliers, resellers, licensors, and distributors. 

General

This license and the distribution agreement collectively form the comprehensive understanding between you and pH Laboratories India, prevailing over any prior agreements or discussions, whether spoken or written, and can only be modified through a signed agreement. The assignment of this license requires written permission from pH Laboratories India, although pH Laboratories India retains the right to assign it at any time. The failure or delay of either party in exercising any rights herein does not constitute a waiver, and any partial exercise does not hinder subsequent exercises. Should a court of competent jurisdiction declare any provision of this license invalid, illegal, or unenforceable, that provision shall be removed, leaving the remaining provisions intact. Governed by the laws of India, all actions, claims, disputes, and proceedings related to this license or any alleged breach shall be exclusively tried and litigated in Indian courts. By agreeing to this license, you consent to personal jurisdiction in India for any actions or proceedings arising from this agreement.  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 pH Laboratories India 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

pH Laboratories India reserves the right to share and divulge information, encompassing your personal details, usage data, and device identifier (including IP address), with third parties. This is undertaken to fulfill legal obligations, respond to lawful requirements, cooperate with governmental authorities conducting investigations, verify or enforce our terms of use and other relevant policies, address emergency situations, or safeguard the rights, property, safety, or security of third parties, visitors to our sites, or the general public. 

Counterfeit Warning: Caution Notice for Indian Market

pH Laboratories India products undergo various quality control measures and conform to very high standards of certification. Consumers are urged to buy genuine pH Laboratories India products only from this website or the following authorized sellers on the below mentioned ecommerce platforms. Please avoid purchasing such products from any other person, entity, or seller on any of the 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). pH Laboratories India Professional And Maison D’ Auraine, i.e 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.

Link Of Certified Sellers In India (“Certified Sellers”)

  • Business Website:[https://www.phlaboratories.in]
  • [Business Website Link For Salon Locator For Authentic And Original pH Laboratories Products]
  • Seller On GlamourBook By The Name Of pH Laboratories India. 

For further information regarding pH Laboratories India’s products available for the India market, you can call +917669011761 or write to support@phlaboratories.in. 

How To Avoid Counterfeits

  • Opt for purchases exclusively through our authorized sellers to steer clear of counterfeit items.
  • Exercise caution when offered products at a significantly higher discount than what our certified sellers typically provide.
  • Refrain from acquiring products from dubious sources, whether online or offline.
  • Avoid purchasing products if the packaging has been resealed, reused, or tampered with in any manner. 

Brand Protection

We are committed to delivering top-notch products to our valued customers and view any such products as a violation of our intellectual property rights and registered trademarks. We won't hesitate to issue warnings, file petitions with relevant authorities against known offenders, and take more stringent actions, including legal proceedings, against illegal counterfeiters and distributors if necessary. Your understanding and support are sought for the following requests: 

  • Please be aware that products not purchased through our certified sellers do not come with our quality assurance.
  • Note that we assume no liability for damages caused by the use of counterfeit products, and products bought outside our certified seller list are not warranted or supported by us.
  • Purchasers should understand that we cannot authenticate products purchased from sources other than our certified sellers.
  • Contact our sales representatives immediately if anyone attempts to sell you counterfeit or suspected counterfeit pH Laboratories products, or email us at support@phlaboratories.in. We encourage our customers to join us in combating counterfeits by reporting known or suspected instances via email. Your assistance is invaluable in preventing the distribution of counterfeit products. 

Thank you for your support in safeguarding our customers from negative experiences! 

Shipping Policy

Every order is dispatched within 3 to 5 working days and will be delivered to the registered shipping address on phlaboratories.in. For Cash on Delivery (COD) orders, a minimal convenience charge will be added to the total order amount. 

Shipping In India

Shipping costs vary by state, determined by weight, size, and address (additional charges for residential addresses). All shipments will be handled by the respective courier service. 

Tracking Order

Upon purchasing an item from phlaboratories.in, an email with your order status will be sent, allowing you to track your order by regularly visiting the website. 

Expected Time to Receive

Products will be delivered to the customer within a maximum of 7 working days after successful shipping.