Terms & Conditions — Beautylixirs

TERMS & CONDITIONS

Welcome to Beautylixirs,

These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use”) shall govern the

relationship between BeautyGirl, LLC, having its registered office address at 6100 Westheimer Rd suite 204,

Houston Tx 77057 (hereinafter referred to the “Company” or “Beautylixirs” or “us” or “our” or “we”) and

you (hereinafter referred to “you” or “your” or “user” or “users” or “customers”) and shall also govern your

use of www.beautylixirs.com/ (hereinafter referred to as the “Website” or “Site”).

We sell herbal/vitamin water through our website and ship it all across the US. (“Service” and/or “Product(s)”)

Please read these Terms carefully, as these, along with our Privacy Policy statement forms the entire agreement

between you and Beautylixirs. If you do not accept these Terms in its entirety, then you may not use the site or

purchase our products.

Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement.

These Terms & Conditions shall be read in conjunction with our Privacy Policy statement.

TABLE OF CONTENT

Sr. No. Particular

1. Acceptance of the T&Cs

2. Account Registration

2. Allowed Uses and Restricted Uses of the Website

3. Ownership Rights

4. Privacy

5. Links to third-party Websites

6. Order, Payment and Taxes

71. Disclaimer

8. Limitation of Liability

9. 1 Legal Action

10. Indemnity

11. Governing Law and Dispute Resolution

12. Notices

13. Miscellaneous:

i. Independent Lega Advice

ii. Headings

iii. Severability

iv. Waiver

v. Survival

vi. No third-party Beneficiaries

vii. No Assignment

viii. Entire Agreement

ix. Force Majeure

x. Updates to these T&Cs

14. Grievance Officer Details

15. Welcoming of Suggestions

1. ACCEPTANCE OF THE TERMS & CONDITIONS

By accessing or using or registering or shopping on our Website in any way or clicking on a button or

taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

i. You have read, understood, and agreed to be bound by these Terms and any future updates and

additions to these Terms, as published from time to time at the Website.

ii. You are of sound mind and at least of such minimum legal age as per the jurisdiction of the

State/country in which you reside, in order to form a binding contract with us. In case you are

not of the age of majority as per the laws of the State that you reside in, then you must have the

permission of your lawful guardian to use and access or make purchases on the Website.

iii. You are the resident or presently residing in the US at the time of accessing this Website.

iv. You have read, understood and consented to our Privacy Policy statement.

2. ACCOUNT REGISTRATION, PASSWORD AND SECURITY

a) Account: To access various parts of the Site, and to avail various Services, you are required to

account, you must provide and continue to provide accurate and complete information about

yourself. As part of the registration process, you will create a password and an account.

b) Security: You are responsible for maintaining the confidentiality of your password and account, and

are fully responsible for all activities that occur under your account. You agree to (a) immediately

notify us of any unauthorized use of your password or account or any other breach of security, and

(b) ensure that you exit from your account at the end of each session. We ask that you should not

share your account or password with any third party. We cannot and will not be liable for any loss,

damage or other liability arising from your failure to comply with this Section or from any

unauthorized access to or use of your account.

c) Inaccurate Information: If we have reasonable grounds to suspect that any of the information

submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate

account, in that case, we may terminate your account, and refuse current or future use of any or all

of the services.

d) No Selling: You are expressly prohibited from selling or transferring your account to any other

person, without our prior written consent.

3. USE OF THE SITE

i. Allowed uses:

a) Directions of Use: You must follow any and all guidelines or policies or

directions of use as associated with each of the services on the Site.

b) Information: Whenever prompted, you must provide us with the correct, accurate

and updated information, including but not limited to your name, billing details,

shipping details, email, and contact number etc.

c) Material: For the purposes of these Terms, “material” shall mean any text, video,

graphics, sound material, published on the Website, or the Product, whether a

download or print the material, or extracts from it, in a systematic or regular

manner or otherwise so as to create a database in electronic or paper form

comprising all or part of the material appearing on the Website. You must not

reproduce any part of the Website or the material or transmit it to or store it in any

other website or disseminate any part of the material in any other form, unless we

have indicated that you may do so.

ii. Restricted uses:

a) You cannot use or access our website solely with a purpose of building a

competing website/business/product. You are strictly prohibited from copying or

using any content (including our products, description of products, trademarks

etc.) without our prior written consent.

b) You cannot copy the ingredients of our Products in any manner whatsoever. We

reserve the right to take appropriate legal action against such acts.

c) You can’t impersonate others, create duplicate accounts, or provide inaccurate

information.

d) You cannot use our Site or purchase our products for the purpose of resale;

e) You must not misuse or interfere with the Services or Website or try to access

them using a method other than the interface and the instructions that we provide.

You may use our services only as permitted by law and as per the directions

provided by us. Unless otherwise expressly stated, you may not access or reuse

the services, or any portion thereof, for any commercial purpose.

f) You must not:

• republish material from this Website;

• sell, rent or sub-license material from the Website;

• show any material from the Website in public without our consent;

• edit or otherwise modify any material on the Website (other than editing

your own information as per the method provided);

• reproduce, duplicate, copy or otherwise exploit material on our Website

for a commercial purpose; or

• redistribute material from the Website, except for content specifically

and expressly made available for redistribution with our written consent

and according to our terms;

• infringe or violate our Intellectual Property Rights or Intellectual

Property Rights of our licensors or any third party;

• We reserve the right to restrict your access to any areas of our website,

or indeed our whole website, at our discretion.

g) You must not use our website in any way that causes, or may cause, damage to

the Website or impairment of the availability or accessibility of the Website; or in

any way which is unlawful, illegal, fraudulent or harmful, or in connection with

any unlawful, illegal, fraudulent or harmful purpose or activity.

h) You must not use our website to copy, store, host, transmit, send, use, publish or

distribute any material which consists of (or is linked to) any spyware, computer

virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer

software.

i) You must not conduct any systematic or automated data collection activities

(including without limitation scraping, data mining, data extraction and data

harvesting) on or in relation to our website, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in this Terms & Conditions,

we reserve the right to cancel or refuse your orders, at our sole discretion.

4. OWNERSHIP RIGHTS

This Website, its logos, its content, trademarks, trade dress, trade name, all of our Products

(herbal/vitamin water) as purchased by you, shall remain the sole property of the Beautylixirs. Your use

of or access to this Website or purchase of the Products shall not in any way transfer or assign to you any

ownership or other proprietary rights in or to this Website, Products, any content published by us or our

licensors or third parties. This Website and the Content, including but not limited to the trademark, logo,

graphics, and in the expression of the information contained herein, whether as a compilation or

otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade

names and designs appearing on this Website, and our Products are the exclusive property of, or are

licensed to the Beautylixirs and are protected. No use of a trademark, trade dress, trade name or

design appearing on this Website may be made without the prior written permission of the

Beautylixirs.

5. PRIVACY

In order to see what data we collect and how we use or store or share such data, please refer to the detailed

6. LINKS TO THIRD-PARTY SITES

The Website might contain links to third-party websites, products and services. For example, the Website

works with third party payment service providers to provide you the most convenient payment options.

Such third-party links are not under the control of Beautylixirs, and Beautylixirs is not responsible for

any third-party links. Beautylixirs provides access to these third-party links only as a convenience to you,

and does not review, approve, monitor, endorse, warrant, or make any representations with respect to

third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of

caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party

website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the terms

& conditions, privacy policy and other policies of such third-party websites and we suggest that you read

those policies. In case of any damage due to such action of third-party links, Beautylixirs shall not

be responsible.

7. ORDERS, PAYMENTS AND TAXES

All orders are subject to acceptance and availability and you agree to pay for the products that you

purchase on our website, and you authorize us (or our third-party payment service providers) to charge

your debit or credit card or process other means of payment for those payment. You shall be responsible

to borne all the applicable taxes (wherever applicable). We reserve the right to modify the prices of

our products, or discontinue the sale of any or all the products, at any time at our sole discretion, without

any prior notice.

8. DISCLAIMER

The website, and all its products are provided on an “as-is” and “as available” basis, and Beautylixirs

(and our licensors and affiliates) expressly disclaims any and all warranties and conditions of any kind,

whether express, implied, or statutory, including all warranties or conditions of quality, suitability,

desirability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness

for a particular purpose, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the

Site or its products will meet your requirements, will be of a quality that you expect, will be available on

an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other

harmful code, complete, legal, or safe. Further, we use the services of third-party delivery service

providers to deliver the products that you order at your delivery address. Deliveries could be delayed due

to act of God, covid restrictions, natural calamities, or other acts that may be reasonably out of our

control. You hereby waive your right to sue us for any actions, inactions or breach of contract by our

third-party delivery service provider.

9. LIMITATION OF LIABILITY

a) To the maximum extent permitted by law, in no event shall our Company (or our licensors or

affiliates) be liable to you or any third party for any lost profits, lost data, costs of procurement of

substitute products, or any indirect, consequential, exemplary, incidental, special or punitive

damages arising from or relating to these terms or your use of, or inability to use or purchase from,

the site, even if Beautylixirs has been advised of the possibility of such damages. Access to, and use

of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to

your device or computer system, or loss of data resulting therefrom.

b) To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein,

our liability to you for any damages arising from or related to these Terms (for any cause whatsoever

and regardless of the form of the action), will at all times be limited to amount of your order in

question in the last 6 (six) months. The existence of more than one claim will not enlarge this limit.

You agree that our suppliers, licensors, vendors or affiliates will have no liability of any kind arising

from or relating to these Terms.

10. LEGAL ACTION

If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Beautylixirs

or Products or its directors/owners, by spreading hate, insulting, false, fake reviews or engaging in mala

fide actions against the above, strong legal actions will be taken immediately.

11. INDEMNITY

You acknowledge to defend, indemnify and hold Beautylixirs, its affiliates, subsidiaries, directors,

officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified

Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including

reasonable attorneys’ fees, made by a third party, relating to, or arising from:

a) Your violation of ours or any third-party right;

b) Your wrongful or improper use of our products, or Site;

c) Your violation of any applicable laws, rules or regulations or any other applicable law

through or related to the use of our services;

d) Your violation of these Terms or any other policy of Beautylixirs as associated with our

services;

e) The indemnifications set forth above will survive the termination or expiration of these

Terms and/or your use of our services/products.

12. GOVERNING LAW AND DISPUTE RESOLUTION

i. Governing Law: The Terms and any dispute arising from the same will be governed by

applicable laws of State of Texas (USA).

ii. Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing

which, such controversy, conflict or dispute shall be finally settled by bringing it before the

appropriate State or Federal courts located in Houston, Texas (USA).

iii. Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND

STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY.

YOU AND BEAUTYLIXIRS ARE INSTEAD ELECTING THAT ALL CLAIMS AND

DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU

AND US, SHALL BE RESOLVED BY A JUDGE.

iv. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE

OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT

ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND

CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED OR CONSOLIDATED

WITH THOSE OF ANY OTHER USERS/CUSTOMERS.

13. NOTICES

When you use the Website or send emails to Beautylixirs, you are communicating with us electronically.

You consent to receive electronically any communications related to your use of this Website.

Beautylixirs will communicate with you by email or by posting notices on this Website. You agree that

all agreements, notices, disclosures and other communications that are provided to you electronically

satisfy any legal requirement. We may give notice by means of a general notice via electronic mail to

your email address, as available with us. If you want to give a notice to us, you can do so by dropping an

electronic mail to info@beautylixirs.com.

14. MISCELLANEOUS

i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your

own expense to ensure you understand the provisions of these Terms.

ii. Headings: The section headings are for convenience only and shall not control or affect the

meaning or construction of any provision of these Terms.

iii. Severability: If any provision of these Terms is held to be unenforceable or invalid, such

provision will be changed and interpreted to accomplish the objectives of such provision to the

greatest extent possible under applicable law and the remaining provisions of these Terms will

continue in full force and effect.

iv. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions

shall not be construed as a waiver by us of any provision or any right that we have to enforce

these Terms and nor shall any course of conduct between Company and you or any other party

be deemed to modify any provision of these Terms.

v. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general

legal principles to the contrary, any provision of these Terms & Conditions that imposes or

contemplates continuing obligations on either party shall survive the expiration or termination

of these Terms & Conditions, for any reason whatsoever.

vi. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms &

Conditions, there shall be no third-party beneficiaries to these Terms & Conditions.

vii. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits or

obligations hereunder) by operation of law or otherwise without the prior written consent of

Beautylixirs, which may be withheld at Beautylixirs’s sole discretion. Any attempted

assignment that does not comply with these Terms & Conditions shall be null and void.

viii. Entire Agreement: These Terms, our Privacy Policy, together with any additional terms and

conditions incorporated herein or referred to herein constitute the entire agreement between

Beautylixirs and you, relating to the subject matter hereof, and supersedes any prior

understanding or agreements (whether oral or written) regarding the subject matter, and may

not be amended or modified except in writing or by making such amendments or modifications

available on our website.

ix. Force Majeure: Beautylixirs and its third party delivery service providers will be excused from

performance for any period during which, and to the extent that, such party or any subcontractor

is prevented from performing any obligation or service (such as processing or shipment or

delivery of your order), in whole or in part, as a result of causes beyond its reasonable control,

and without its fault or negligence, including without limitation, acts of God, strikes, lockouts,

riots, acts of terrorism or war, epidemics, communication line failures, power failures and

government-imposed lockdowns or similar restrictions.

x. Updates to these Terms: We may add to or change or update these Terms at any time, from

time to time, entirely at our own discretion, with or without any prior written notice. You are

responsible for checking these Terms periodically. Your use of the Site after any amendments

to the Terms shall constitute your acceptance to such amendments.

15. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE

In the event you have any grievance regarding anything related to these Terms or Privacy Policy, or

with any content or product of Beautylixirs, in that case you may freely write your concerns to the

Grievance Officer/Designated Officer via email at info@beautylixirs.com, or through registered mail to

6100 Westheimer Rd suite 204, Houston Tx 77057.

16. FEEDBACK AND INFORMATION

We welcome your questions or comments regarding the Terms. You can write to us via email:

info@beautylixirs.com.

Last updated on July 23, 2022