Terms and Conditions
Introduction
Welcome to fusionoilstudio.com (“Website” or “fusionoilstudio.com”). This website is operated by Fusion Oil Studio. Throughout the site, the terms “we”, “us”, “our” and “FOS” refer to Fusion Oil Studio. Fusion Oil Studio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you want to ask us anything about these terms and conditions or have any comments or complaints on or about our website, please email us at support@fusionoilstudio.com
We reserve the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
SECTION 1 – ONLINE STORE TERMS
By accepting these Terms of Service, you affirm and warrant that you have attained the age of majority in your state or province of residence. If you are not of the age of majority, you additionally represent that you have obtained the requisite consent from your legal guardian or parent to allow any of your minor dependents to utilise this site.
The utilisation of our products for any unlawful or unauthorised purposes is strictly prohibited. While availing our services, you are obligated to adhere to all pertinent laws within your jurisdiction, which includes, but is not limited to, compliance with copyright laws. The transmission of any malicious software, including but not limited to worms or viruses, or any code designed to cause harm or disruption, is expressly prohibited. In the event of a breach or violation of these Terms, immediate termination of the services provided to you may be invoked, at our sole discretion.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Please note that the weight of products mentioned on the website is approximate due to the handmade nature of our products, and variations may occur. This information is provided for customer reference.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING, CANCELLATION AND ACCOUNT INFORMATION
We reserves the unequivocal right to refuse/cancel any order placed with us. In our sole discretion, we retain the authority to limit or cancel quantities purchased per person, per household, or per individual order. These restrictions encompass, but are not limited to, orders placed by or under the same customer account, orders using the same credit/debit card, and/or orders that share identical billing and/or shipping addresses.
In the event that Fusion Oil Studio decides to effect a change to or cancel an order, we will make reasonable efforts to notify the customer by using the contact information provided at the time the order was placed. Such notification may include contacting the email address/phone number associated with the order.
Additionally, Fusion Oil Studio reserves the right to cancel, limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors and otherwise. This policy is established to maintain fairness and integrity of our ordering process.
For more detail, please review our Cancellation and Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Fusion Oil Studio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – MAKE YOUR BOTTLE – TERMS AND CONDITIONS
When using our “Make Your Bottle” feature, customers are hereby acknowledging and accepting full responsibility for their choice of ingredients and their respective proportions used in custom formulations. Fusion Oil Studio, absolves itself from any liability pertaining to adverse effects or damages that may result from the formulation and application of such custom mixtures.
While we enthusiastically encourage our customers’ creative expression and personalization of their products through this feature, we want to emphasise the critical importance of exercising due diligence and adhering to responsible practices for safe usage at all times. The uniqueness of individual skin and hair necessitates a cautious approach. We strongly recommend that customers seek consultation and guidance from qualified experts, such as dermatologists for hair care professionals, and cross-reference information from multiple authoritative and reputable sources. It is imperative to recognize that the responsibility for safe usage ultimately rests with the customer.
Through the act of utilising this feature, customers expressly agree to these terms and conditions, signifying their acknowledgment that their use of the feature is undertaken entirely at their own risk.
SECTION 15 – COPYRIGHT AND TRADEMARK
Fusion Oil Studio retains all intellectual property rights in the content and materials displayed on our website, and no license under our intellectual property rights or those of third parties is granted. All copyright in this website is owned by or licensed to Fusion Oil Studio, and any use other than personal, non-commercial use is strictly prohibited. The Fusion Oil Studio name, logos, and related product and service names are our trademarks, and no authorization for their use is provided. References to third parties and their products or services are for convenience and do not imply endorsement, and we disclaim responsibility for the content of third-party websites. Materials on our website are for personal, non-commercial use only, and any reproduction, modification, distribution, or other use is strictly prohibited, with all contents protected by Indian and international copyright laws.
SECTION 16 – WEBSITE SECURITY
- Unauthorised Access: Users must not access data not intended for them or log onto servers or accounts without proper authorization.
- Breach Attempts: Testing vulnerabilities or breaching security measures without authorization is prohibited.
- Interference: Interfering with other users, hosts, or networks through activities like overloading, flooding, spamming, or crashing is not allowed.
- Unsolicited Email: Sending unsolicited emails, including promotions, is prohibited.
- Forgery: Forging header information in emails or postings is strictly forbidden.
- Violation Consequences: Breaching security may result in civil or criminal liability, leading to investigations and cooperation with law enforcement.
- Interference Devices: Users should not use devices or routines to disrupt the website’s proper functioning.
- Navigational Tools: The use of unauthorised navigation tools is prohibited, except for those provided by Fusion Oil Studio or generally available third-party web browsers.
SECTION 18 – ELECTRONIC COMMUNICATIONS
When you visit the Fusion Oil Studio website or contact us via email, you consent to engage in electronic communication. You agree to receive communications from Fusion Oil Studio electronically, which may include emails or notices posted on our website, fulfilling the legal requirement for written communication. Additionally, you consent to receive communications through various channels, such as automated calls, voice calls, text messages, WhatsApp messages, emails, notifications, and similar electronic means.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fusion Oil Studio and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@fusionoilstudio.com.
Fusion Oil Studio
Version Date: October 20th, 2023