Terms of service

TERMS OF USE:

Posted as of 28th November 2024

Last updated as of 28th November 2024  

Welcome to BENTICA’s Terms of Use

We, Waldcocoblend Lifestyle Private Limited (hereinafter referred to as “Company”) and is operating its business under the Company name “Bentica” (hereinafter referred to as “Bentica”). This Terms of Use (hereinafter referred to as “Terms of Use”) is our commitment towards your trust and Bentica skincare products are designed with premium ingredients, aiming to support skin health and enhance your skincare routine. While crafted to high standards, individual results can vary based on skin type, sensitivity, and other factors. To ensure compatibility and avoid any adverse reactions, it’s important to perform a patch test before full application. Additionally, please review the ingredients list to check for any potential allergens that may be specific to your skin needs. These products are created to nourish and support healthy-looking skin but are not intended to diagnose, treat, cure, or prevent any medical conditions. Always consult a healthcare professional for specific skin concerns. Bentica remains committed to complying with all applicable regulatory standards and legal obligations, ensuring that each product meets the highest quality and safety requirements to effectively serve the needs of the community. This Terms of Use lays down all the terms and conditions surrounding the usage of our Website for you and the Company. 

Platform herein and in all associated policies refer to www.bentica.in 

This electronic record is generated by a computer system and does not require any physical or digital signatures. Upon usage, registration, or even browsing through our Website creates a contractual relationship between you and us through this Terms of Use and other relevant policies associated with our Website, for all contractual, legal, and compliance purposes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

We respect you and take the information provided by you very seriously and hence the creator of this Terms of Service ensures a steady commitment with regard to the protection of your invaluable information also to support the ongoing cause that you may share across on this Platform. We ask for this information so that we can understand more about the people who support us. The creator of these Terms of Use ensures your steady commitment to the usage of your platform and the services provided by Company on the Website “BENTICA” (hereinafter referred to as the “Platform”).

For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform and/or Bentica, as the context so requires. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Users of this Platform provided by BENTICA and who is competent to enter into binding contracts, as per laws. 

IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:

1. “User” shall mean any natural or legal person who accesses the BENTICA platform, utilizing its services for personal use, including the analysis and recommendations related to health management.
2. “Services” shall mean the comprehensive health management assistance provided by Bentica through the platform, which includes of necessary data for individuals.
3. “Data” shall refer to the information collected from Users, including but not limited to dietary habits, physical activity, and health metrics entered manually or gathered from connected devices.
4. “Personal Information” shall mean any information that identifies or can be used to identify an individual User, including but not limited to name, address, mobile phone number, and email, as described in the Privacy Policy. 
5. “We,” “us,” “our,” or “Bentica” shall refer to, its affiliates, permitted assigns, and partners.
6. “You,” “your,” or “User” shall refer to any natural or legal person who has agreed to use the Bentica platform and its services by providing Personal Information during the registration process. 

PLATFORM OVERVIEW

The Bentica website is a platform operated by the Company. It is designed to provide a dynamic and progressive skincare products are designed with premium ingredients, aiming to support skin health and enhance your skincare routine. While crafted to high standards, individual results can vary based on skin type, sensitivity, and other factors. To ensure compatibility and avoid any adverse reactions, it’s important to perform a patch test before full application. Additionally, please review the ingredients list to check for any potential allergens that may be specific to your skin needs. These products are created to nourish and support healthy-looking skin but are not intended to diagnose, treat, cure, or prevent any medical conditions. Always consult a healthcare professional for specific skin concerns.  

For more information about the Platform, users may visit www.bentica.in or contact us at info@bentica.in.

REGISTRATION

You are required to register yourself on the Platform in order to avail the Platform and its services. The registration and the use of the Platform are free of cost, except for those services that are paid features of the Website. For the purpose of registration, you shall be required to provide the following information on the registration link available on the homepage of the platform.

1. Name
2. Mobile Number
3. Address/ Location
4. Email Address
5. Payment Details (Optional)
6. Profile Picture (Optional) 

The Registrations shall be deemed complete only upon your authentication and verification of your details through the mobile or email authentication.

As a responsible platform, we do not let you link your social media platform for registration purpose or otherwise.

CONDITIONS OF USE

1. This website is intended solely for personal use and may not be used for any commercial or unauthorized purposes. Bentica expressly prohibits any resale, redistribution, or unauthorized use of the information, content, or materials provided on this site for commercial gain. Users are not permitted to modify, manipulate, or misrepresent any product information or other content available on the website. Any attempt to alter the accuracy or integrity of the information, or use it in a manner contrary to its intended purpose, will be deemed a violation of these terms and may result in legal action or the suspension of access to the site.
2. The information provided on this website is intended solely for general informational purposes and should not be considered as medical advice. The content does not substitute for professional medical consultation, diagnosis, or treatment. Before using any new skincare products, it is strongly recommended that users consult with a qualified healthcare professional, particularly if they have pre-existing skin conditions, allergies, sensitivities, or other health concerns. The website and its content are not responsible for any adverse reactions or outcomes resulting from the use of the products or information presented on this site.
3. You represent and warrant that you are competent and eligible to enter into legally binding policy and of age and that you have the requisite authority to bind yourself to these Terms of Use following the Law. However, if you are minor using this platform, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
4. You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
5. You shall not use the Platform if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
6. The Services are provided to you solely for your personal, non-commercial use. You shall not resell or distribute any insights, recommendations, or features obtained from the Platform.
7. You understand and acknowledge that the Platform and its Services are to be accessed by you on your own behalf for your personal use only. You shall not register on the Platform or use its Services on behalf of any third party or entity, nor shall you allow any third party or entity to use the Platform and its Services on your behalf.
8. The Company grants you a non-transferable, non-exclusive, limited right to access the Platform and utilize the Services provided therein, contingent upon your compliance with the Terms as set out in full. You acknowledge and agree that any access or permissions granted to you by the Company, including but not limited to access links, SMS notifications, OTPs, email address, and QR codes, shall be used exclusively by you. The Company shall not be liable for any loss, cost, expense, or damage incurred by you as a result of accessing the Platform and utilizing its Services through access links, SMS notifications, OTPs, email addresses, QR codes, etc., which have not been delivered to you personally by the Company. 

CONTENT

The User represents and warrants that they own or have the necessary rights and permissions to all content uploaded, posted, or otherwise transmitted through the Bentica Website. We shall not be responsible for any content uploaded, posted, or transmitted by Users. Users agree to indemnify and hold Us harmless from and against any and all claims, damages, liabilities, costs, and expenses arising from or related to any content uploaded, posted, or transmitted by the User.

All content displayed on the Platform is subject to copyright and shall not be reused by You (or a third party) without prior written consent from Us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality, and genuineness of the content you provide on the Platform. While feedback and comments from Users can be made via the Platform, We bear no liability for any feedback or comments made by other Users regarding any content on the Platform. Furthermore, the Platform reserves the right to suspend or terminate the account of any User at its discretion if the User is found to have created, shared, or submitted any content that is untrue, inaccurate, misleading, offensive, or vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation, sharing, or submission of content that is deemed to be untrue, inaccurate, or misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, or modify any content without written permission from Us.

INDEMNITY

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

a. Your use of the Platform, 

b. Your violation of these Terms of Use; 

c. Your violation of any rights of another; 

d. Your alleged improper conduct according to these Terms of use; 

e. Your conduct in connection with the Platform;

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without the consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Platform and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

1. The Founders, Promoters, Partners, or Associated personnel of Bentica shall not be held responsible for any consequences arising from the following events:

• • If the Platform is inoperative or non-responsive due to connectivity issues such as, but not limited to, slow internet, lack of internet connectivity, or server failure.
  • If you have entered incorrect information or data, or if any data you have entered is deleted or lost for any reason.
  • If there is an undue delay or inability to communicate via email or other communication methods provided by the Platform.
  • If there are any deficiencies, defects, or errors in the services provided or managed by Us through the Platform.
  • If there is a failure in the functioning of any other services provided by Us through the Platform, including health insights, data analysis, or third-party device integrations. 

TERM

1. These Terms of Use shall continue to form a valid and binding contract between You and Us and shall continue to be in full force and effect until You continue to access and use the Platforms.
2. You may terminate your use of the Platform at any time.
3. We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
5. It is also hereby declared that We may discontinue the Services and Platforms without any prior notice. 

TERMINATION

We reserve the right, in our sole discretion, to unilaterally terminate or suspend Your access to the Platform, or any portion thereof, at any time, without notice or cause. This includes, but is not limited to, the following situations:

1. Non-Payment: If You fail to make timely payment for any subscription fees or services offered by the Platform, We reserve the right to terminate or suspend Your access to those services until payment is received.
2. Violation of Terms: If You violate any of the terms outlined in these Terms of Service or engage in activities that, in Our sole discretion, are harmful to the Platform or its Users.
3. Misuse of Services: If We find that You are misusing or abusing the Platform in any way that breaches these Terms or applicable laws. 

COMMUNICATION

By using this Platform and providing Your identity and contact information to Us through the Platform, You agree and consent to receive E-mails, SMS, WhatApp messages and calls from Us and/or any of its representatives at any time.

You can report to “info@bentica.in” if you find any discrepancy with regard to Platform or content-related information and We will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, You may be contacted by Us relating to any services availed by You on the Platform or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Platform and you:

1. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if You have provided incorrect information.
2. Agree to ensure the Email address and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
3. You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
4. Understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Platform.
5. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimization of User-related options and Services.
6. Understand and agree that, to the fullest extent permissible by law, the Platform or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission.
8. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive content on the Platform.
9. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Platform, at our sole discretion. 

You further undertake not to:

1. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
2. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
3. Use the Platform or any information or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
4. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
5. Violate any applicable laws, rules or regulations currently in force within or outside India;
6. Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
7. Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Platform; 

Further:

8. You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

9. By indicating Your acceptance to use any services offered on the Platform, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.

10. You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.

11. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using the platform without prior intimation whatsoever.

12. You agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit the You access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:

a. If you are in breach any of these Terms of Use or the Privacy Policy; 

b. If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion. 

INTELLECTUAL PROPERTY RIGHTS 

Unless expressly agreed to in writing, nothing contained herein shall give You a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.

You are further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this Section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

1. You acknowledge and agree that your access to and use of the Platform is at your sole risk. You are responsible for exercising your best judgment and prudence before availing of any features, services, or information provided on the Platform. 
2. You agree that any information, resources, recommendations, insights, or activities obtained or accessed through the Platform—whether written, oral, or algorithm-generated—do not create any warranties of any kind, either express or implied. We expressly disclaim all liabilities arising from the use or misuse of such information or services. The Platform is provided "as-is," without any warranties regarding accuracy, reliability, or outcomes based on the insights and recommendations generated.
3. It is further agreed by you that the disclaimers, limitations of liability, and warranties outlined in this section shall survive even after the termination or expiry of these Terms of Use and/or the Privacy Policy. This ensures that the liability protection remains in effect regardless of any cessation of service. 

FORCE MAJEURE

We shall not be liable for any delay or failure to perform our obligations under these Terms of Use if such delay or failure results from events or circumstances beyond Our reasonable control, including but not limited to acts of war, acts of God, earthquakes, natural disasters, riots, fires, sabotage, labor shortages or disputes, internet interruptions, technical failures, breakages of undersea cables, cyber-attacks, hacking, piracy, fraud, illegal or unauthorized activities, or any other events beyond Our control ("Force Majeure Events").

In such cases, our obligations under this policy will be suspended for the duration of the Force Majeure Event. 

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed by You that the formation, interpretation, and performance of these Terms of Use, as well as any disputes arising therefrom, will be resolved through arbitration.

Arbitration Process: In the event that the Parties are unable to amicably resolve a dispute, the dispute shall be referred to arbitration conducted by a sole arbitrator appointed by Us. The arbitration shall be conducted in accordance with the provisions of the Indian Laws and the award issued by the sole arbitrator shall be final, valid, and binding on all Parties.

All costs associated with the arbitration shall be borne as determined by the arbitrator in their award. The arbitration proceedings shall be conducted in English, and the seat of arbitration shall be in Kasaragod, Kerala.

You further agree that these Terms of Use, the Privacy Policy, and any other agreements between the Parties shall be governed by and construed in accordance with the laws of India, irrespective of your location.

The contents of this Section shall survive the termination or expiration of the Terms of Use and/or Privacy Policy.  

NOTICES/GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by You may be communicated to Us by emailing to info@bentica.in.   

GENERAL TERMS

1. The headings of each section in these Terms of Use or Privacy Policy are only for the purpose of organizing the various provisions under these Terms of Use and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the Us
2. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on You using the Platform. 
3. The use of this Platform by You is solely governed by these Terms of Use, the Privacy Policy that may be uploaded on the Platform, and any modifications or amendments made thereto by Us from time to time, at Our sole discretion. If You, as a User, continue to access and use this Platform, You are agreeing to comply with and be bound by these Terms of Use, the Privacy Policy, and any subsequent updates.
4. You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
5. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding policy between You and Us, and that You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on You and that your act of visiting any part of the Platform, constitutes the User’s full and final acceptance of these Terms of Use and the Privacy Policy.
6. We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to You, and You expressly agree that any such amendments or modifications shall come into effect immediately. If You do not adhere to the changes, You must stop using the Platform at once. Your continued use of the Platform will signify your acceptance of the changed terms.

MISCELLANEOUS PROVISIONS

Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between the You and Us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

Waiver: The failure of either Party at any time to require performance of any provision of these Terms of Use shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use. 

Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein. 

Contact Us: If you have any questions about these Terms of Use or the Privacy Policy, the practices of the Website, or your experience, you can contact us at care@bentica.in