Terms of Service

The website domain www.ulteriorcosmetics.com (“Website”) is owned, operated, managed, and controlled by ULTERIOR COSMETICS LLP (hereinafter referred to as “Ulterior”, which expression shall, unless repugnant to the context or meaning thereof, a limited liability partnership incorporated under the Limited Liability Partnership Act 2008, having its registered office address at B-403, 81 Crest, Linking Road, Santacruz West, Mumbai-400054, Maharashtra, India. It is hereby expressly stated that, throughout this Website, the terms “we”, “us”, or “our” shall mean, include, and refer to Ulterior and the expressions “you”, “your”, and “user(s)” shall refer to any individual or legal entity that accesses, uses, or transacts through the Website, or avails any of the services offered hereon.

By visiting, accessing, browsing, registering or using this Website, and/or by purchasing any of our product/s sold by us, you engage in our (“Service/s”) and hereby agree, accept acknowledge and represent that you have fully read, understood, and unconditionally agreed to be bound by the said terms (hereinafter referred to as “Terms of Service”). These Terms of Service shall constitute as a legally binding agreement between you and Ulterior, hereby governing your access to and use of the Website and all transactions and information offered and availed hereon. These Terms of Service shall mandatorily apply to all users of the Website, including but not limited to visitors, browsers, customers, vendors, merchants, distributors, service providers, and contributors of content in any form. By continuing to access, browse, or use the Website in any manner, including but not limited to visiting, registering, creating an account, or purchasing any product offered by Ulterior you expressly acknowledge and hereby irrevocably consent to be bound by these Terms of Service, together with all other policies, rules, notices, and guidelines that are incorporated herein by reference or that may be published, amended, or updated by Ulterior from time to time in its exclusive discretion. This includes, without limitation, our Privacy Policy, Shipping and Returns Policy, Payment Policy, and any supplemental or additional terms applicable to any features, functionalities, promotional offers, campaigns, or services made available through the Website. We request you to carefully read all terms and conditions before browsing or purchasing from our Website. If you do not agree to the Terms of Service of this Website, please refrain from using, accessing, or making any purchases through this Website.

The Terms of Service shall continue to apply to any and all new tools, features, or functionalities added to the existing inventory. The most current version of the Terms of Service may be accessed on this page at any time. We reserve the right to, at our sole and absolute discretion, update, modify, amend or replace any portion of these Terms of Service, or the Terms of Service in their entirety, at any time, updated Terms of Service shall be effective upon being posted on the Website. It is your sole responsibility to periodically review this Website to stay apprised of any amendments, modifications or updates and/or complete revisions of the said Terms of Service. Your continued use or access of the Website following the aforesaid shall be deemed to constitute your acceptance of, and agreement to be bound by the revised Terms of Service.


Our Website is hosted on the e-commerce platform provided by Shopify Inc., hereinafter referred to as (“Shopify”) is a third-party e-commerce platform that provides the technological infrastructure and services necessary for us to create, host, and manage online stores, including processing payments, managing orders and facilitating the sale of our products online. We do not control, and shall not be held liable for, any acts, omissions, errors, or failures of Shopify Inc., including any interruptions, delays, or issues arising directly or indirectly from the use of Shopify.


For the purposes of these Terms of Service, the term “Social Media” shall, without limitation, mean and include any and all digital or online platforms, websites, mobile applications, or communication channels that enable users to create, share, post, publish, distribute, or exchange information, opinions, images, audio, video, or other forms of content or expression, whether publicly or privately, whether now known or hereafter developed include platforms such as Instagram, Facebook, X (formerly Twitter), YouTube, LinkedIn, Pinterest, Snapchat, Threads, WhatsApp, and any similar or successor platforms, to the extent expressly authorized, permitted, acknowledged, or officially endorsed by Ulterior on this Website.


For the purposes of these Terms of Service, the term “Social Media” shall, without limitation, mean and include any and all digital or online platforms, websites, mobile applications, or communication channels that enable users to create, share, post, publish, distribute, or exchange information, opinions, images, audio, video, or other forms of content or expression, whether publicly or privately, whether now known or hereafter developed. This shall include platforms such as Instagram, Facebook, X (formerly Twitter), YouTube, LinkedIn, Pinterest, Snapchat, Threads, WhatsApp, and any similar or successor platforms, only to the extent such platforms are expressly authorized, permitted, acknowledged, or officially endorsed by Ulterior on this Website.


It is hereby expressly stated that all official Social Media platforms and authorized third-party sellers of Ulterior shall at all times be those expressly acknowledged or referenced by Ulterior on this Website. Any Social Media accounts, websites, or platforms that falsely represent, impersonate, or claim to sell our products or offer any of our Services without such acknowledgment or authorization are not affiliated with, endorsed by, or the responsibility of Ulterior Cosmetics.


Please note:

You are solely responsible and liable to verify, through this Website, whether any third-party seller or platform is officially authorized before making any purchase or transaction. Ulterior shall not, under any circumstances, be liable for any direct or indirect loss, damage, or claims arising from dealings with unauthorized or fraudulent sellers or platforms. However, Ulterior reserves the absolute and unconditional right to take all necessary legal and/or administrative action against any unauthorized sellers or platforms in order to protect its brand, products, and consumers.


SECTION 1 : Eligibility

To access and/or purchase on this Website, and/or any third-party website or platform (as officially endorsed by us on this Website), you must:

 

  • Be at least eighteen (18) years of age to access or purchase any of our products or avail of any Services offered by us. In the event you are under the age limit as specified hereinabove, the purchase of our products shall be under the strict supervision and

with the full consent of a parent or legal guardian who agrees to be bound by these Terms of Service on your behalf.


  •   Provide accurate, complete, and up-to date registration and contact information at all times. We reserve the right to, at our sole and absolute discretion, refuse an order and/or terminate an account (if required), order and purchase for any reason whatsoever, at any time, without prior notice or any liability whatsoever.


  •  You are solely and entirely responsible for maintaining the confidentiality, security, and control of your account credentials, including your login details and password. Any access to or use of your account using your credentials shall be deemed to be authorized by you. Ulterior shall not be liable for any loss, damage, or liability of any nature whatsoever arising directly or indirectly from your failure to safeguard such information. You agree to immediately notify Ulterior of any unauthorized access to, misuse of, or breach of security relating to your account or personal information; however, such notification shall not absolve you of responsibility for any activity occurring prior to Ulterior’s receipt of such notice.


  •  You shall not access or use the Website through any false, misleading, or unauthorized email address or identity.


 If any information provided by you, whether intentionally or unintentionally, is found to be false, inaccurate, outdated, misleading, or incomplete, Ulterior reserves the right to reject such information and, at its sole and absolute discretion, suspend, restrict, or permanently terminate your access to the Website and deny any current or future use of any of our Services, without prior notice, without assigning any reason, and without incurring any liability whatsoever..


SECTION 2: Orders, Purchases, and Order Acceptance

All orders or purchases placed through this Website are subject to acceptance, verification, and availability. Ulterior expressly reserves the right, at its sole and absolute discretion, to refuse, cancel, or limit any order, in whole or in part, at any time and for any reason whatsoever, including but not limited to the following circumstances:

  • The product is unavailable, out of stock, or discontinued;

  • There are inaccuracies, typographical errors, or omissions in pricing, product descriptions, or promotional information;

  • The order appears to be fraudulent, suspicious, or placed in bad faith; or

  • The transaction violates these Terms of Service or any applicable laws or regulations.

Orders shall be placed exclusively through the Website or through such third-party platforms as may be expressly authorized and officially endorsed on the Website. Ulterior does not accept, process, verify, or confirm orders placed through Social Media platforms, direct messages, comments, third-party messaging services, or any unofficial or unauthorized channels, and shall not be responsible or liable for any orders, payments, communications, representations, or losses arising from or relating to such channels.

In the event of any cancellation or refusal, any payments made in respect of the affected order shall be refunded strictly in accordance with our Shipping and Return Policy.


SECTION 3: Pricing

Prices mentioned on our Website in regards to our Services are reflected in INR (₹) and include applicable GST unless otherwise specified. All prices are subject to change at any time without prior notice. We hereby reserve the absolute right to change/amend/modify/alter prices of our products at any time without prior notice.


SECTION 4: Payment Policy

All payments made through the Website are processed exclusively through secure third-party payment gateways that comply with applicable Indian laws, regulations, and data security standards. Ulterior does not collect, store, process, or retain your complete payment instrument details, card information, CVV, PIN, or net-banking credentials, and shall not be responsible or liable for any loss, damage, unauthorized transaction, delay, error, breach, or failure arising from or attributable to such third-party payment gateways.


We accept major payment methods, including:

• UPI

• Credit and Debit Cards

• Net Banking

• Wallets

• Cash on Delivery (COD)

By submitting your payment information, you represent and warrant that you are legally authorized to use the selected payment method, that the payment instrument belongs to you or you have lawful authority to use it, and that all information provided is true, accurate, current, and complete.

Ulterior reserves the absolute and unconditional right, at its sole discretion, to:

  • Refuse, suspend, or cancel any order where payment is unsuccessful, incomplete, unverified, reversed, or disputed;

  • Restrict, limit, or disable Cash on Delivery for specific products, order values, geographic locations, or users, without prior notice; and

  • Recover, charge, or set off any outstanding amounts, losses, penalties, or costs arising from chargebacks, payment reversals, payment gateway failures, suspected fraud, or misuse of payment methods.

In the event of any payment failure, reversal, or non-confirmation, the transaction shall be deemed null and void, and Ulterior shall have no obligation whatsoever to process, confirm, or ship the order until full and final payment is successfully received and verified.

All payment transactions are subject to the terms, conditions, privacy policies, and operating rules of the respective issuing banks, card networks, UPI systems, wallets, and third-party payment gateway providers. Ulterior acts solely as a facilitator and shall not be deemed a payment intermediary, escrow agent, or financial institution for the purposes of such transactions.


You acknowledge and agree that all payment authorization, processing, confirmation, settlement, reversals, refunds, chargebacks, and disputes are governed exclusively by the applicable rules, circulars, and directions issued by the Reserve Bank of India (RBI), the relevant banking institutions, and the concerned payment service providers, as amended from time to time.

Ulterior shall not be responsible or liable for any delay, failure, suspension, decline, reversal, or cancellation of any transaction arising out of or attributable to:

  • actions or omissions of banks, card networks, UPI systems, wallets, or payment gateways;

  • technical errors, system outages, maintenance, or downtime of payment infrastructure;

  • RBI directives, regulatory restrictions, compliance requirements, or risk controls imposed by banks or payment service providers; or

  • incorrect details provided by you or authorization failures at your end.

Any refund, where applicable, shall be processed only after confirmation from the payment gateway or banking partner and strictly in accordance with RBI guidelines and the timelines prescribed by the concerned financial institution or payment service provider. Ulterior shall not be liable for any delay in credit of refunded amounts once such refund has been duly initiated.


SECTION 3: Shipping & Delivery

We currently offer shipping services across India. Delivery timelines are estimates only and may vary based on your location, order volume, and courier service performance, or events beyond our reasonable control. Ulterior shall not be liable for any delays, losses, or damages arising from or on account of any shipping or delivery issues directly or indirectly arising from Third Party Services. For detailed shipping terms, refer to our Shipping Policy.


SECTION 4: Returns and Cancellation

We offer returns or exchanges within 48hrs of delivery, incase of damaged or incorrect items. Products must be unused, unworn, and returned in their original packaging with all tags intact.

Cancellations are only possible before the order has been shipped. Full details are available in our Return & Refund Policy.


SECTION 5: Intellectual Property

All content made available on this Website and Ulterior’s social media platforms, including but not limited to trademarks, logos, trade names, text, graphics, product names, packaging designs, images, videos, audio clips, software, code, data compilations, layout, design, look and feel, and all other elements of the Website (collectively, the “Content”), are and shall remain the sole and exclusive intellectual property of Ulterior and/or its licensors. It is hereby accepted, agreed, and acknowledged by you that:


• All such Content is protected under applicable copyright, trademark, design, trade dress, and other intellectual property laws of India, as well as under applicable international conventions and treaties.


• Except as expressly permitted in writing by Ulterior, you shall not, directly or indirectly, reproduce, copy, distribute, transmit, display, perform, publish, license, upload, post, translate, adapt, edit, create derivative works from, or otherwise exploit, in whole or in part, any Content or any portion of the Website for any purpose, whether commercial or otherwise.


• You shall not use any meta tags, hidden text, or other identifiers incorporating the Ulterior or Ulterior Cosmetics name, logo, or trademarks without Ulterior’s prior written authorization.


• You shall not use, imitate, misappropriate, or replicate the “look and feel” of the Website or any of its proprietary elements in connection with any business, commercial, or competitive activity, nor remove, obscure, or alter any proprietary notices, disclaimers, or legends appearing on the Website or within the Content.


• You shall not use Ulterior’s brand name, trademarks, logos, likeness, or other proprietary materials in any manner that is likely to cause confusion, dilute distinctiveness, or mislead consumers as to source, sponsorship, affiliation, or endorsement.


• Any unauthorized use of the Content or Website materials shall constitute a violation of Ulterior’s intellectual property rights and may subject the violator to civil and/or criminal liability under applicable Indian law.


• Ulterior reserves the right to pursue all available legal and equitable remedies, without limitation, to protect its intellectual property, proprietary interests, and reputation.


• Nothing contained on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Content, trademark, or proprietary material of Ulterior without its prior written permission.


• All goodwill arising from the use of Ulterior’s trademarks, brand name, or proprietary materials shall insure solely to the benefit of Ulterior.


• You acknowledge that any unauthorized use of the Content may cause irreparable harm to Ulterior for which monetary damages may be an inadequate remedy, and Ulterior shall be entitled to seek injunctive or equitable relief in addition to any other remedies available at law.


SECTION 6: User Conduct, Comments & Feedback

  1. User Conduct

By accessing or using this Website, you hereby agree, undertake, and covenant that you shall use the Website and any and all of our products and/or Services offered thereon only for lawful purposes and in a manner consistent and in compliance with all applicable laws, regulations, and these Terms of Service.


     Without limiting the generality of the foregoing, you expressly agree not to:

• Engage in any activity that violates any applicable local, national, or international law, regulation, judicial order, or directive of a competent authority;


• Misuse, copy, reproduce, distribute, resell, license, exploit, or otherwise use Ulterior’s products, services, Website, or content for any unauthorized, unlawful, or commercial purpose without Ulterior’s prior written consent;


• Harass, threaten, abuse, defame, insult, harm, stalk, intimidate, or otherwise infringe upon the rights (including rights of privacy, publicity, or reputation) of Ulterior, its officers, employees, representatives, partners, or any third party;


• Upload, transmit, distribute, or introduce any viruses, malware, trojans, worms, logic bombs, spyware, or other malicious or disruptive code, or engage in any activity that interferes with, damages, disrupts, or compromises the security, integrity, performance, or functionality of the Website or its associated systems or servers;


• Impersonate any individual or entity, misrepresent your identity, affiliation, authority, or authorization, or provide any false, misleading, or inaccurate information;


• Attempt to gain unauthorized access to any portion of the Website, user accounts, systems, networks, or data connected thereto, including through hacking, password mining, scraping, or any other illegitimate means;


• Collect, harvest, store, track, or misuse personal information of other users or third parties, including for purposes of spam, phishing, solicitation, or data mining;


• Circumvent, disable, interfere with, or otherwise tamper with any security, authentication, access-control, or usage-limiting features of the Website; or


• Engage in any conduct that, in Ulterior’s sole and absolute discretion, restricts, disrupts, or inhibits any other user from using or enjoying the Website, its services, or our products.


Enforcement and Termination

Ulterior reserves the unconditional and absolute right, at its sole discretion and without prior notice, to suspend, restrict, or permanently terminate access to the Website, any Service, or our products for any user who violates these Terms of Service or engages in conduct that is unlawful, abusive, harmful, or otherwise detrimental to Ulterior’s interests, operations, or reputation.


Comments, Reviews or Feedbacks

Ulterior welcomes your comments, reviews, feedback, suggestions, ideas, and other communications (collectively, “Submissions”). By submitting, posting, or otherwise providing any Submissions through the Website or any other platform, you hereby acknowledge and agree that:


  • You grant Ulterior a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and otherwise exploit such Submissions, in whole or in part, in any form or medium now known or hereafter developed, for any purpose whatsoever, including marketing, promotional, and product-development purposes, without any acknowledgment, compensation, or obligation to you.


  • To the extent permitted by applicable law, all Submissions shall be deemed non-confidential and shall become the sole and exclusive property of Ulterior, and you irrevocably waive any moral rights, authorship rights, claims of ownership, or rights to compensation in respect of such Submissions.


  • You agree not to submit or transmit any content that is false, misleading, defamatory, obscene, offensive, abusive, discriminatory, unlawful, or otherwise infringes or violates any applicable law or the rights of any third party.


  • Ulterior reserves the right, but has no obligation, to monitor, review, edit, restrict, or remove any Submissions, in whole or in part, at its sole discretion, including where such Submissions are deemed inappropriate or in violation of these Terms of Service.


  • All Submissions are provided voluntarily and without expectation of acknowledgment, compensation, or consideration of any kind. Ulterior shall have no obligation to review, consider, or implement any Submission.


  • Ulterior shall not be responsible or liable for any user-generated content submitted, posted, or otherwise made available through the Website or any affiliated platform.


SECTION 7: Limitation of Liability

To the fullest extent permitted by applicable law, Ulterior, its affiliates, partners, licensors, employees, officers, representatives, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including, without limitation, loss of profits, revenue, goodwill, data, business opportunities, or anticipated savings, arising out of or in connection with your access to, use of, inability to use, or reliance upon the Website, our products, Services, or any third-party services, whether based on contract, tort (including negligence), strict liability, or otherwise.


Any and all of our products and Service as provided by us shall be on an “as is” and “as available” basis, without any representations or warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement.


Without prejudice to the foregoing, Ulterior shall not be liable for any allergic reactions, skin sensitivities, irritation, or adverse effects arising from the use or misuse of our products.


Nothing contained in these Terms of Service shall exclude or limit any liability that cannot be excluded or limited under applicable law, including under the Consumer Protection Act, 2019.


Ulterior shall not be liable for any delay, interruption, or failure in performance resulting from events beyond its reasonable control, including but not limited to courier delays, transportation failures, strikes, labour disputes, lockdowns, pandemics, natural disasters, acts of government, or other force majeure events.


SECTION 8: Product Disclaimer

All our products are intended for external use only. Users acknowledge and agree that they are solely responsible for determining the suitability and compatibility of any product for their individual use. Users are strongly advised to carefully review the ingredient list provided for each product and to conduct a patch test prior to full application.

Individuals with known sensitivities or allergies to any listed ingredient should refrain from using our products and, accordingly, from engaging in our Services. All products and Services are used strictly at the user’s own risk.

To the fullest extent permitted by applicable law, Ulterior shall not be liable for any allergic reactions, skin sensitivities, irritation, discomfort, or other adverse effects arising from the use, misuse, or inability to use our products or Services.


SECTION 9: Third-Party Links

This Website may contain links to, integrations with, or access to third-party websites, applications, or tools (“Third-Party Services”) that are provided solely for your convenience. Ulterior does not in any manner endorse, control, monitor, or assume any responsibility for the content, accuracy, availability, policies, practices, or actions of any Third-Party Services.

Your access to and use of any Third-Party Services is entirely at your own risk and shall be governed solely by the terms, conditions, and policies of such third parties. Ulterior shall in no manner be liable, directly or indirectly, for any loss, damage, claim, or liability arising from or in connection with your use of, or reliance upon, any Third-Party Services or their content.


SECTION 10: Privacy & Prohibited Use

Your privacy is important to us. Please refer to our Privacy Policy for details on how we collect, use, store, process, and protect your personal data in accordance with and limited to applicable Indian data protection laws. By accessing or using this Website, you expressly consent to the collection and use of your information as described in our Privacy Policy.

      Ulterior strictly prohibits any unauthorized, unlawful, or improper use of the Website. Without limiting the generality of the foregoing, all users agree that they shall not, directly or indirectly:

  • Use the Website or its content for any purpose that is unlawful, fraudulent, deceptive, misleading, defamatory, obscene, abusive, harmful, or otherwise violative of applicable laws, public order, morality, or the rights of Ulterior or any third party;

  • Post, upload, transmit, publish, or otherwise make available any content that contains unsolicited or unauthorized hyperlinks, email addresses, HTML tags, scripts, malware, spyware, “hidden” keywords, metadata, or any content that is misleading, deceptive, irrelevant to the Website or its services, or otherwise prohibited by applicable law;

  • Provide, submit, or disseminate any information that is false, inaccurate, incomplete, outdated, misleading, impersonating, or not lawfully owned or authorized by you;

  • Advertise, promote, solicit, or engage in any franchise, pyramid scheme, multi-level marketing scheme, chain marketing arrangement, “club membership,” distributorship, sales agency, referral program, or any other business opportunity involving recruitment, commissions, or upfront or recurring payments;

  • Send, initiate, or facilitate any unsolicited or unauthorized communications, including spam, bulk messages, promotional emails, text messages, calls, or other marketing communications, whether manual or automated;

  • Interfere with, disrupt, overload, or adversely affect the operation, performance, security, or integrity of the Website, its servers, networks, or systems, including by imposing an unreasonable or disproportionately large load on its infrastructure;

  • Attempt to gain unauthorized access to, probe, scan, test, hack, decipher, decompile, disassemble, reverse engineer, or otherwise derive the source code, algorithms, or underlying structure of any software, technology, systems, or data associated with the Website;

  • Copy, scrape, crawl, harvest, aggregate, reproduce, duplicate, download, store, distribute, or commercially exploit any content, data, product information, images, pricing, text, or materials available on the Website without Ulterior’s prior written consent;

  • Impersonate or misrepresent any person or entity, falsely claim affiliation with or endorsement by Ulterior, or engage in any conduct that may mislead users as to the source, sponsorship, or authorization of any content or activity;

  • Use the Website for any activity that competes with, harms, or disrupts Ulterior’s business, brand reputation, intellectual property, or commercial interests.

Ulterior reserves the right, at its sole and absolute discretion and without prior notice, to suspend or terminate access, remove or disable content, restrict functionality, and/or take appropriate legal, technical, or administrative action against any user found to be in violation of the aforementioned provisions.


SECTION 11: Governing Law, Jurisdiction and Dispute Resolution

These Terms of Service shall be governed by, construed, and enforced exclusively in accordance with the laws of India. All disputes or claims arising from or relating to Ulterior, its Terms of Service, products, Services, Website, content, or any related activities shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, and any statutory amendments. The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties, or, failing agreement, in accordance with the rules governing arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Mumbai, Maharashtra only and the proceedings shall be conducted in English. The arbitral award shall be final, binding, and enforceable. Subject to arbitration, the courts in Mumbai, Maharashtra, only shall have exclusive jurisdiction over any residual disputes.


SECTION 12: Modifications to Terms of Service

Ulterior reserves the right to update, modify, amend, or replace these Terms of Service, in whole or in part, from time to time. Any such changes shall become effective upon being posted on the Website. Your continued access to or use of the Website, Social Media and/or any authorized third-party seller or our Services after such posting shall constitute your acceptance of the revised Terms of Service.


SECTION 13: Miscellaneous

If any provision of these Terms of Service is held to be invalid, illegal, void, or unenforceable under applicable law or public policy, such provision shall be deemed severed to the extent of such invalidity or unenforceability, and the remaining provisions shall continue in full force and effect. These Terms of Service constitute the entire agreement between you and Ulterior with respect to your use of the Website and the purchase or use of our products and services, and supersede all prior or contemporaneous communications, representations, or agreements, whether written or oral.


Contact Us

If you have any questions about these Terms of Service, please reach out to us at:

support@ulteriorcosmetics.com