Terms of service

TERMS AND CONDITIONS

Noomi Beauty
(A Subsidiary of BotanIQ Care)

Legal Identity, Scope, and Acceptance: Noomi Beauty is a brand and operating business unit and a subsidiary of BotanIQ Care (“Company”, “we”, “us”, “our”). These Terms and Conditions constitute a legally binding agreement between you and BotanIQ Care under the Indian Contract Act, 1872. By accessing, browsing, placing an order, or using any product or service offered under Noomi Beauty, you confirm that you have read, understood, and unconditionally agreed to be bound by these Terms and all policies referenced herein. If you do not agree to any part of these Terms, you must immediately discontinue use of the website, platform, and products.

Eligibility and User Representations: You represent and warrant that you are at least eighteen (18) years of age or accessing the platform under the supervision of a legal guardian, that you are legally competent to enter into a binding contract, and that all information provided by you is accurate, complete, and not misleading. The Company reserves the right to deny access, cancel orders, or take legal action if any representation is found to be false, incomplete, or deceptive.

Nature of Products and General Disclaimer: All products sold under Noomi Beauty are cosmetic products intended solely for external use, unless explicitly stated otherwise. These products are not medical, pharmaceutical, or therapeutic in nature and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Any descriptions, claims, testimonials, or recommendations provided on the website, packaging, or marketing materials are for general informational purposes only and do not constitute professional or medical advice. Individual results may vary depending on skin type, health conditions, allergies, environment, and method of use.

User Responsibility, Patch Testing, and Assumption of Risk: You acknowledge and agree that the use of any product is entirely at your own risk and discretion. A patch test prior to use is strongly recommended, and failure to perform a patch test shall be deemed user negligence. The Company shall not be responsible for any adverse reactions, allergies, irritation, breakouts, or other effects resulting from undisclosed sensitivities, pre-existing conditions, improper usage, overuse, use on damaged skin, mixing with other products, or failure to follow instructions provided on the packaging or website.

Limitation of Liability: To the maximum extent permitted by applicable law, BotanIQ Care and Noomi Beauty shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to skin reactions, dissatisfaction, loss of profits, loss of data, emotional distress, or delivery delays. In any circumstance, the total cumulative liability of the Company, whether arising in contract, tort, negligence, strict liability, or otherwise, shall be strictly limited to the amount actually paid by you for the specific product giving rise to the claim.

No Warranties: All products, services, and content are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement. The Company does not guarantee uninterrupted access, error-free service, or that products will meet individual expectations or requirements.

Orders, Pricing, and Cancellation: All orders placed constitute an offer to purchase and are subject to acceptance by the Company. The Company reserves the right to refuse, cancel, or limit any order at its sole discretion due to stock unavailability, pricing or typographical errors, regulatory issues, payment failures, or suspected fraudulent, abusive, or unlawful activity. Once an order has been dispatched, it cannot be cancelled by the customer under any circumstances.

Returns, Refunds, and Finality: Due to the hygienic and personal nature of cosmetic products, all opened, used, or tampered products are non-returnable and non-refundable. Returns or replacements shall be considered only in cases of damaged, defective, or incorrect products delivered, subject to verification and compliance with the Company’s return procedure and timelines. The Company’s determination regarding eligibility for return, replacement, or refund shall be final, binding, and non-contestable.

Intellectual Property Rights: All content, trademarks, brand names, logos, designs, packaging, images, text, formulations (to the extent legally protectable), and other intellectual property associated with Noomi Beauty and BotanIQ Care are the exclusive property of the Company. Any unauthorized use, reproduction, distribution, modification, or exploitation of such intellectual property is strictly prohibited and may result in civil and criminal liability.

User Conduct and Platform Use: You agree not to misuse the website, submit false or fraudulent claims, violate any applicable laws or regulations, attempt unauthorized access, disrupt platform security, or use the platform for unlawful, misleading, or commercial purposes without prior written authorization. The Company reserves the right to take immediate corrective action, including suspension or termination of access, without notice.

Indemnification: You agree to indemnify, defend, and hold harmless BotanIQ Care, Noomi Beauty, and their directors, officers, employees, agents, and affiliates from and against any claims, losses, damages, liabilities, penalties, costs, or legal expenses arising out of your misuse of products, breach of these Terms, violation of applicable laws, or submission of false, misleading, or frivolous claims.

Force Majeure: The Company shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, regulatory restrictions, strikes, supply chain disruptions, or logistics failures.

Termination of Access: The Company reserves the absolute right to suspend, restrict, or terminate your access to the website, services, or products, without prior notice or liability, if you violate these Terms, misuse the platform, or create legal, reputational, or commercial risk to the Company.

Governing Law, Jurisdiction, and Class Action Waiver: These Terms shall be governed by and construed in accordance with the laws of India. All disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Chandigarh, India. You expressly agree that any claim shall be brought only in your individual capacity and waive any right to initiate or participate in class, collective, or representative actions.

Severability, Waiver, and Assignment: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Failure by the Company to enforce any provision shall not constitute a waiver of its rights. The Company may assign or transfer its rights and obligations under these Terms without restriction.

Amendments and Continuity: The Company reserves the right to amend or update these Terms at any time without prior notice. Continued use of the website, platform, or products after such changes shall constitute your acceptance of the revised Terms.

Notices and Contact Information: All notices and communications shall be deemed properly given when sent electronically. For any legal or customer-related communication, you may contact Noomi Beauty (A Subsidiary of BotanIQ Care) at love.noomibeauty@gmail.com