Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of buying beauty products sold on site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Access to and use of password protected and/or secure areas of this Website and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Website and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
1.1 Guidelines to the use of this website and/or Services: You agree to comply with any and all the guidelines, notices, policies and instructions pertaining to the use of the Services, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the website.
1.2 Restriction: You agree and undertake NOT to:
1.3 Suspension or Removal: As may be, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the website or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Services.
1.5 Terms & Conditions of Sale: You hereby agree to comply with any and all the terms and conditions and instructions pertaining to the purchase of our product through this website, as well as any amendments to the aforementioned, issued by siskagartika.com.
1.6 Products sold by Third Party Vendors, in this circumstances there shall be a private agreements entered into directly and only between the Third Party Vendor and you; and
1.6.1 For Products sold by siskagartika.com, the agreement shall be entered into directly and only between siskagartika.com and you.
2.1. Siskagartika.com endeavours to provide an accurate description of the product including its packaging but does not warrant that such description is completely accurate or free from error.
2.2. Purchase /Order/Buy: Upon clicking on the “Buy” button you may place an order by completing the order form correctly and accurately.
2.3. All purchase order will be deemed to be irrevocable and unconditional upon transmission through the website. Upon receiving the purchase order, Siskagartika.com shall process the orders without your further consent and without any reference or notice to you. Otherwise in certain circumstances, if you request to cancel or amend the purchase/order, you may do so within 24 hours of which siskagartika shall endeavour to give effect to on a commercially reasonable effort basis. However, siskagartika is not obliged to give effect to any request to cancel or amend the purchase/order.
2.4. Siskagartika.com reservation of rights in respect of Purchase/Orders: All Purchase/ Orders shall be subject to siskagartika’s acceptance in its sole discretion and each Order accepted by Siskagartika (such accepted Purchase/Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from siskagartika confirming your Order, Siskagartika shall not be party to any legally binding agreements or promises made between Siskagartika and you for the sale or other dealings with the Product(s) and accordingly Siskagartika shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Siskagartika reserves the right to decline to process or accept any Purchase/Order received from or through the website in its absolute discretion.
2.5. Purchaser Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Siskagartika which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by Third Party Seller. You also acknowledge and agree that to the extent allowed under Malaysian law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Siskagartika to provide the Products at lower prices than Siskagartika otherwise could and you agree that such exclusions on liability are reasonable.
2.6 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.5 and to the extent allowed under Malaysian law:
2.7.Intellectual Property: All text, graphics, button icons, images, audio video clips and software (collectively,”Content”), belongs exclusively to Siska Gartika Skin Care Pvt.Ltd. The Collection, arrangement and assembly of all content on this site, belongs exclusively to Siska Gartika Skin Care Pvt.Ltd. The website: www.siskagartika.com and its design and its logo (S.G) are registered trademark and protected by the international copyright laws. The Use of any of our trademarks or logo’s without our express written consent is strictly prohibited. You may not use our trademarks or logo’s in connection with any other products in a way which may cause confusion on our branding or in any way that may discredit or disparages our brand name or legal entity.
By accepting the Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Policy. This Policy is effective on April 1, 2017 for current users, and immediately upon acceptance by new users.
3.1.Collection of Data
You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer process and storage of that information on our servers located in the US and Netherlands.
We may collect and store the following personal information:
3.1.1. Email address, physical contact information, the date of birth and gender information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
3.1.2. Transactional information based on your activities on the Website (such as buying, selling, bidding, item and content you generate or that relates to your account);
3.1.3. Postage, billing and other information you provide to purchase or dispatch an item;
3.1.4. Community discussions, chats, dispute resolution, correspondence through our Website, and correspondence sent to us;
3.1.5. other information from your interaction with our Website, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the Website, ad data, IP address and standard web log information;
3.1.6. additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
3.1.7. Information from other companies, such as demographic and navigation data; and
3.1.8. other supplemental information from third parties (for example, if you incur a debt to the Company, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).
We don’t sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient and customized experience. You agree that we may use your personal information to:
3.2.1. Provide the services and customer support you request;
3.2.2. Resolve disputes, collect fees, and troubleshoot problems;
3.2.3. Prevent potentially prohibited or illegal activities, and enforce our User Agreement;
3.2.4. Customize, measure and improve our services, content and advertising;
3.2.5. Tell you about our services and those of our corporate family;
3.2.6. Send you targeted marketing, service updates, and promotional offers; and
3.2.7. Compare information for accuracy, and verify it with third parties.
3.2.8. Provide aggregate information to our partners about our users (e.g. 500 men under age 30 have viewed this item) without disclosing information about identifiable individuals.
3.3. Denial of Collection
You may withdraw your consent to our collection of your personal data and/or information at any time by notifying us or call our customer service. In that event, we will not be able to identify you and provide you with a safe, smooth, efficient and customized experience while using our site. Although you can browse through most of our sites without giving any information about yourself, in some cases, personal information is required in order to provide the Services you request.
3.4. Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
3.5. Share of Your Information
Sharing your personal information with:
3.5.1. Third-party service providers under contract who help with our business operations: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links(including paid listings and links), processing credit card payments, investigating frauds and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
3.5.2. Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
3.5.3. Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and purchasing and listing history;
3.5.4. Brand Protection Program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, postal code, country, phone number, email address and company name; and
3.5.6. For the avoidance of doubt, If Siskagartika.com has reasonable grounds to believe that any User is in breach of any of the terms of this Policy, Siskagartika.com reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, Siskagartika.com may disclose the User’s identity and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Siskagartika.com is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Siskagartika.com shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against Siskagartika.com for such disclosure.
3.6. Account Protection
Your password is the key to your account. Use unique numbers and letters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.
We will never ask for your password by phone or e-mail, so if you receive such an inquiry, please report the incident to the Security & Resolution Center or the Personal Information Manager.
If you access our Website from a shared computer or a computer in an internet cafe, a PC room or a library, certain information about you, such as your user ID, activity or reminders from the Website, may also be visible to other individuals who use the computer after you. To protect your personal information or communication from being disclosed to others, you should log out and close the web browser after using our Website
3.7. Retaining Your Personal Information
You can see, review and change most of your personal information by signing on to the Website. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or becomes inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request to the customer service, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement, and take other actions otherwise permitted by law. Otherwise, your personal information will be destroyed by us once we confirm there is no use for it.
3.8. Personal Information Manager
The Personal Information Manager is responsible for taking reasonable endeavour to protect user information and preventing unauthorized disclosure. The Personal Information Manager is not responsible for damage or loss of information due to unexpected incident due to hacking or other risks inherent to the network that may occur despite technical safeguards. The Personal Information Manager is not responsible for any dispute arising from the users’ posts.
If you have any suggestions or complaints, you may contact us by the email provided in the website.
4.1 Username/Password: Certain Services that may be made available on siskagartika.com may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services in the website. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
4.2 Access: You agree and acknowledge that any use of Siskagartika.com and the Services and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
You agree to be bound by any access of the website and/or use of any Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to website referable to your Username and Password.
5.1 No representations or warranties: The Services in the website and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the website and the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the website or the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:
5.2 Exclusion of liability: Siskagartika indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
5.3. At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the website is entirely at your own risk and we shall not be liable therefor.
6.1 .You grant us a non-exclusive licence to use the materials or information that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the website, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
6.2. You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this Clause 6.2 shall constitute your consent for the purpose of the provisions of any spam control laws internationally. You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
6.3. Siskagartika may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.
8.1 Notices from us: All notices or other communications given to you if:
8.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
8.3 Other modes: Notwithstanding Clauses 8.1 and 8.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
9.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
9.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
9.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the website and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
The following terms and conditions (T&Cs) apply to your use and redemption of promotional coupons or coupon codes, where such vouchers are offered for no consideration (according to coupon terms and condition).