• LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Eva Rowan, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages.
In no event shall the Protected Entities be liable for:
a. provision of or failure to provide all or any service by Practitioners to End-Users contacted or managed through the Website;
b. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
c. any unauthorized access to or alteration of your transmissions or data; or
d. any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
• APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between Eva Rowan and User will be governed by the laws of India.
Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Eva Rowan. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Subject to the above clause, the courts at Kolkata, West Bengal shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
If a customer has a dispute with Eva Rowan Company, it will be treated as a civil dispute and not a criminal dispute.
If the customer has any complaint about Eva Rowan, then the customer should inform the Eva Rowan Company about his complaint at care@evarowan.com. After that, if the Eva Rowan Company does not resolve his complaint within 30 working days, then the customer can go to the case through arbitration.
Waiver of Class Action Rights: By accepting these Terms & Conditions (T&C), you irrevocably waive any right you may have to join your claims with those of others in the form of a class action, collective action, or any similar procedural device.
All claims arising out of, relating to, or in connection with these T&C must be asserted individually.
Termination: The Company reserves the right to terminate your access to the Website at any time if it reasonably believes, in its sole discretion, that you have violated any provision of these Terms & Conditions (T&C). Upon termination, you will no longer be permitted to access or use the Website, and the Company may, without prior notice, cancel any pending orders for Products. The Company also reserves the right to take any necessary actions to prevent unauthorized access to the Website. These T&C will remain in effect indefinitely, unless and until the Company decides, in its sole discretion and without notice, to terminate them.
Domestic Use: The Company makes no representation that the Website or its Products are appropriate or available for use outside India. Users who access the Website from outside India do so on their own initiative and are solely responsible for compliance with all applicable local laws and regulations.
Severability: If any provision of this Agreement is determined by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, such provision shall be deemed excluded from this Agreement. The remaining provisions shall continue in full force and effect as if the excluded provision had never been included. Notwithstanding the exclusion, the Agreement shall be interpreted to give effect, to the greatest extent permissible by applicable law, to the original intent and meaning of the excluded provision as determined by the relevant court or arbitral tribunal.
Changes to Privacy Policy and Terms: Eva Rowan reserves the right to modify or update its Privacy Policy, Terms & Conditions, and Return & Shipping Policies at any time, with or without prior notice. If significant changes are made regarding how Eva Rowan handles personally identifiable information or if material changes are made to the Privacy Policy itself, notice will be provided either through a prominent notice on the Website or via email to registered users.
Users who do not agree to the revised terms may discontinue use of the Services and request account deactivation by contacting: care@evarowan.com. Unless otherwise stated, the current version of Eva Rowan’s Privacy Policy applies to all information held about users and their accounts.
By continuing to use the Website or Services after the posting or communication of such changes, users agree to be bound by the revised terms.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms and Conditions at its sole discretion and without prior notice to you.
Binding Agreement: By accessing or using this Website, or by placing an order for Products, you agree to be bound by these Terms and Conditions.
Survival: If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
Contact Us: Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Products or the Website.
Special Note: Eva Rohan has her skincare products manufactured by a third party. So, if there is any dispute regarding the products, it will not be considered as Eva Rohan’s fault. It will be considered as the fault of the third-party manufacturer. The name, address & manufacturing license number of the third-party manufacturer are given on the label of each product & unit. Eva Rowan is only marketing partner of this skin care & cosmetics products. Eva Rowan has no responsibility related to the manufacturing of the products. All manufacturing-related responsibilities of the manufacturing company.
Customer Service Desk:
Email: care@evarowan.com
Grievance office: contact details of the Grievance Officer to handle any complaints in relation to the sale of Products or use of this Website are provided below:
Grievance office Email: legal@evarowan.com