Terms Of Use

Effective Date: Effective from the date of publication

These Terms of Use ("Terms") govern your access to and use of www.nkech.com ("Website"), operated by Essentree Global LLP, a Limited Liability Partnership registered under the laws of India and operating under the brand name NKECH.

By accessing or using this Website, creating an account, placing an order, or otherwise interacting with the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you should discontinue use of the Website immediately.

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1. Definitions

For the purposes of these Terms:

  • "Company" means Essentree Global LLP, operating under the brand name NKECH.
  • "Website" means www.nkech.com, including all webpages, mobile interfaces, applications, and related services.
  • "User", "You", and "Your" refer to any individual accessing or using the Website.
  • "Customer" means a User who purchases or intends to purchase products from the Website.
  • "Products" means all goods offered for sale by the Company.
  • "Order" means a request submitted by a Customer to purchase Products through the Website.
  • "Content" includes text, graphics, images, videos, trademarks, logos, software, layouts, designs, and other materials available on the Website.

Unless the context otherwise requires, words importing the singular include the plural and vice versa.

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2. Acceptance of Terms

By accessing or using the Website, you represent and warrant that:

  • You have the legal capacity to enter into a binding contract under applicable law.
  • All information provided by you is true, accurate, current, and complete.
  • You will comply with these Terms and all applicable laws.
  • You will not use the Website for any unlawful, fraudulent, or unauthorized purpose.

If you do not agree to these Terms, you must not access or use the Website.

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3. Eligibility

The Website is intended for individuals who are legally competent to contract under the Indian Contract Act, 1872.

Persons who are not competent to contract, including minors (except where represented by a lawful guardian) and persons otherwise disqualified by law, should not place orders through the Website.

The Company reserves the right to refuse service, cancel orders, suspend accounts, or terminate access where it reasonably believes that a User does not meet these eligibility requirements.

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4. About NKECH

NKECH is the consumer-facing brand of Essentree Global LLP, engaged in the development, marketing, and sale of skincare, haircare, and other personal care products through its Website and other authorized sales channels.

Nothing on the Website shall be construed as creating any agency, partnership, franchise, employment, or joint venture relationship between the Company and any User.

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5. Modification of Terms

The Company reserves the right to amend, modify, replace, or update these Terms at any time to reflect changes in:

  • applicable laws and regulations;
  • business operations;
  • product offerings;
  • Website functionality;
  • technology;
  • security practices; or
  • commercial requirements.

Revised Terms shall become effective upon publication on the Website unless otherwise specified.

Continued use of the Website after such publication constitutes acceptance of the revised Terms to the extent permitted by applicable law.

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6. Relationship with Other Policies

These Terms should be read together with the Company's:

  • Privacy Policy;
  • Shipping Policy;
  • Return, Refund & Cancellation Policy;
  • Any product-specific terms or promotional terms published on the Website.

In the event of inconsistency, the specific policy applicable to the relevant subject matter shall prevail to the extent of such inconsistency.

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7. Nature of the Website

The Website functions as an online platform through which Customers may browse, evaluate, and purchase Products offered by the Company.

The Company reserves the right to:

  • introduce new products;
  • discontinue products;
  • modify product specifications;
  • revise pricing;
  • limit availability;
  • withdraw offers;
  • modify Website features,

at its sole discretion and without prior notice, subject to applicable law.

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8. Electronic Communications

By using the Website, you consent to receive communications from the Company through electronic means, including:

  • email;
  • SMS;
  • WhatsApp;
  • push notifications;
  • telephone calls;
  • Website notifications.

Such communications may relate to:

  • orders;
  • deliveries;
  • customer support;
  • legal notices;
  • security alerts;
  • promotional communications (where permitted).

Electronic communications shall satisfy any legal requirement that such communications be in writing.

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9. Customer Accounts

To access certain features, Users may create an account.

Users agree to:

  • provide accurate information;
  • maintain current account information;
  • protect login credentials;
  • notify the Company immediately of unauthorized account access;
  • accept responsibility for activities conducted through their account.

The Company reserves the right to suspend or terminate accounts suspected of misuse, fraud, unauthorized activity, or breach of these Terms.

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10. Account Security

Users are solely responsible for maintaining the confidentiality of their passwords and account credentials.

The Company shall not be liable for losses arising from:

  • unauthorized access caused by User negligence;
  • password disclosure;
  • compromised devices;
  • phishing attacks beyond the Company's reasonable control.

Users should immediately notify the Company if they suspect unauthorized use of their account.

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11. PRODUCT INFORMATION

The Company endeavours to provide accurate descriptions, specifications, ingredient information, images, pricing, availability, and other details relating to the Products offered on the Website.

However:

  • Product images are for illustrative purposes only.
  • Actual product colour, texture, packaging, labels, fonts, or appearance may vary due to manufacturing improvements, screen settings, lighting conditions, photography, or supplier updates.
  • Ingredient lists may be revised from time to time to improve formulations or comply with regulatory requirements. Customers are advised to refer to the ingredient list printed on the product packaging at the time of purchase.
  • Product weights and dimensions are approximate unless otherwise specified.
  • Product claims should be read in conjunction with the directions for use and any applicable warnings.

The Company reserves the right to correct typographical errors, inaccuracies, or omissions relating to product information at any time without prior notice.

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12. PRODUCT SUITABILITY

NKECH develops cosmetic and personal care products intended for external use only unless expressly stated otherwise.

Customers are solely responsible for determining whether a Product is suitable for their individual needs.

The Company recommends that customers:

  • carefully read all product labels and instructions before use;
  • perform a patch test where appropriate;
  • discontinue use if irritation or an adverse reaction occurs;
  • consult a qualified healthcare professional in the event of persistent irritation, allergies, or medical concerns.

Except as expressly required by applicable law, the Company does not warrant that any Product will be suitable for every individual or produce identical results for all users.

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13. PRODUCT AVAILABILITY

All Products displayed on the Website are subject to availability.

The Company reserves the right to:

  • limit purchase quantities;
  • discontinue Products;
  • introduce new Products;
  • temporarily suspend availability;
  • modify packaging;
  • replace promotional items with equivalent alternatives where appropriate.

Display of a Product on the Website does not constitute a guarantee that the Product will always be available.

Where a Product becomes unavailable after an Order is placed, the Company may:

  • cancel the affected Product;
  • partially fulfil the Order;
  • offer an alternative (subject to customer acceptance);
  • issue an appropriate refund in accordance with the applicable Refund Policy.

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14. PRICING

All prices displayed on the Website are stated in Indian Rupees (INR) unless otherwise specified.

Prices may include or exclude applicable taxes depending on how they are displayed on the Website. The final amount payable will be shown during the checkout process before payment is completed.

The Company reserves the right to:

  • revise prices at any time without prior notice;
  • correct pricing errors;
  • withdraw promotional pricing;
  • modify discounts;
  • discontinue offers.

Price changes shall not affect Orders that have already been accepted by the Company unless cancellation is required due to a manifest pricing error.

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15. TAXES

Applicable Goods and Services Tax (GST) and other statutory levies shall be charged in accordance with Indian law.

Customers shall be responsible for providing accurate billing information necessary for tax compliance.

Tax invoices shall be issued in accordance with applicable legal requirements and may be provided electronically.

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16. ORDERS

Submission of an Order by a Customer constitutes an offer to purchase Products from the Company.

Acceptance of an Order occurs only when the Company confirms the Order through its systems or commences processing for dispatch.

The Company reserves the right to refuse, reject, or cancel any Order before dispatch for reasons including, but not limited to:

  • suspected fraud;
  • pricing errors;
  • inventory shortages;
  • payment failure;
  • suspected misuse of promotional offers;
  • violation of these Terms;
  • legal or regulatory requirements;
  • force majeure events.

Receipt of an Order confirmation email or SMS does not necessarily constitute final acceptance where subsequent verification is required.

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17. ORDER VERIFICATION

To protect customers and prevent fraudulent transactions, the Company may conduct reasonable verification before accepting or dispatching an Order.

Verification may include:

  • confirmation of contact details;
  • payment verification;
  • delivery address verification;
  • identity verification where required;
  • confirmation of high-value or unusual Orders.

Failure to complete requested verification may result in delay, cancellation, or refusal of the Order.

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18. PAYMENT

The Website may support various payment methods, including:

  • UPI;
  • Debit Cards;
  • Credit Cards;
  • Net Banking;
  • Digital Wallets;
  • Cash on Delivery (where available);
  • Other payment methods introduced from time to time.

Availability of payment methods may vary depending upon the customer's location, order value, operational constraints, or risk assessment.

The Company reserves the right to add, remove, or suspend any payment method without prior notice.

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19. PAYMENT AUTHORIZATION

By placing an Order, you represent and warrant that:

  • you are authorised to use the selected payment method;
  • payment information provided is accurate;
  • sufficient funds or credit are available to complete the transaction.

Where payment authorization fails, the Company shall have no obligation to process or dispatch the Order.

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20. FAILED PAYMENTS

The Company shall not be responsible for payment failures arising from:

  • banking system failures;
  • payment gateway outages;
  • internet connectivity issues;
  • incorrect payment information;
  • declined transactions;
  • card restrictions;
  • insufficient balance;
  • technical failures beyond the Company's reasonable control.

Where payment is unsuccessful, the Customer may be required to initiate a fresh transaction.

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21. FRAUD PREVENTION

The Company actively monitors transactions to detect and prevent fraudulent activity.

The Company reserves the right to:

  • cancel suspicious Orders;
  • request additional verification;
  • suspend customer accounts;
  • refuse future Orders;
  • report suspected fraudulent activities to payment providers, financial institutions, law enforcement agencies, or competent authorities.

The Company may retain transaction records where reasonably necessary for fraud prevention and legal compliance.

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22. ORDER CANCELLATION BY THE COMPANY

The Company reserves the right to cancel any Order before dispatch without liability where reasonably necessary, including in situations involving:

  • pricing or typographical errors;
  • stock unavailability;
  • payment issues;
  • fraudulent activity;
  • abuse of promotional offers;
  • duplicate Orders;
  • incorrect product listings;
  • legal restrictions;
  • force majeure;
  • circumstances beyond the Company's reasonable control.

Where payment has already been received for a cancelled Order, the Company shall process a refund in accordance with its Refund Policy.

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23. CUSTOMER RESPONSIBILITIES

Customers agree to:

  • provide complete and accurate information;
  • ensure the delivery address is correct;
  • provide a valid contact number and email address;
  • accept delivery within a reasonable time;
  • inspect Products promptly upon delivery;
  • report damaged, defective, incorrect, or missing Products within the timelines specified in the applicable Return, Refund & Cancellation Policy;
  • use Products strictly in accordance with the instructions provided.

The Company shall not be responsible for delays, additional charges, failed deliveries, or other issues arising from inaccurate information provided by the Customer.

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24. SHIPPING

The Company shall make reasonable efforts to dispatch Products within the estimated timelines communicated on the Website or during checkout.

Shipping timelines are estimates only and shall not constitute a guarantee of delivery unless expressly stated.

Shipping availability may vary depending upon:

  • Delivery location;
  • Product availability;
  • Courier serviceability;
  • Weather conditions;
  • Government restrictions;
  • Public holidays;
  • Operational constraints; or
  • Other circumstances beyond the Company's reasonable control.

The Company reserves the right to select, change, or substitute logistics partners without prior notice.

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25. DELIVERY

Delivery shall be deemed complete when the Product is delivered to:

  • the shipping address provided by the Customer;
  • the Customer personally;
  • a family member;
  • a building security representative;
  • a receptionist;
  • any person reasonably appearing to be authorised to accept delivery at the specified address.

Customers are responsible for ensuring that delivery information provided during checkout is accurate and complete.

Repeated delivery failures due to incorrect addresses, unavailable recipients, refusal to accept delivery, or other Customer-related reasons may result in cancellation of the Order and additional charges where permitted by law.

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26. DELIVERY ESTIMATES

Any delivery dates displayed on the Website, communicated through email, SMS, WhatsApp, or otherwise are estimates provided solely for customer convenience.

The Company shall not be liable for delays arising from:

  • courier delays;
  • transportation disruptions;
  • weather events;
  • public holidays;
  • customs inspections (where applicable);
  • governmental actions;
  • strikes;
  • force majeure events;
  • inaccurate delivery information;
  • circumstances beyond the Company's reasonable control.

Time shall not be deemed to be of the essence unless expressly agreed in writing.

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27. RISK AND TITLE

Ownership of the Product shall transfer to the Customer upon receipt of full payment and successful delivery of the Product.

Risk of accidental loss or damage shall generally pass to the Customer upon successful delivery at the designated delivery address.

Nothing in this clause shall affect any statutory rights available to consumers under applicable law.

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28. INSPECTION UPON DELIVERY

Customers are encouraged to inspect the outer packaging immediately upon delivery.

If the package appears:

  • damaged;
  • tampered with;
  • opened;
  • leaking; or
  • materially different from what was ordered,

the Customer should document the condition and notify the Company as soon as reasonably possible in accordance with the Return, Refund & Cancellation Policy.

Where feasible, Customers should retain all original packaging, labels, and accompanying documentation until the issue is resolved.

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29. REFUSAL OF DELIVERY

The Customer may refuse delivery where:

  • the package is visibly tampered with;
  • the wrong product is delivered;
  • the package appears materially damaged.

Refusal of delivery for reasons unrelated to product condition, such as change of mind or personal preference, shall be governed by the Company's Return, Refund & Cancellation Policy.

Repeated or unreasonable refusal of deliveries may result in restrictions on future Cash on Delivery (COD) orders or other measures reasonably necessary to prevent misuse.

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30. RETURNS, REFUNDS & CANCELLATIONS

The Company's policies regarding returns, refunds, replacements, and cancellations are governed by the separate Return, Refund & Cancellation Policy, which forms an integral part of these Terms.

By placing an Order, you acknowledge that you have read and accepted the applicable Return, Refund & Cancellation Policy.

Unless otherwise required by applicable law or expressly stated in the Return, Refund & Cancellation Policy:

  • Products are not eligible for return solely due to change of mind, dislike, personal preference, or incorrect selection by the Customer.
  • Requests for replacement or refund may be considered only in circumstances expressly provided in the Return, Refund & Cancellation Policy, such as receipt of a damaged, defective, or incorrect Product.
  • Claims may require reasonable supporting evidence, including photographs, videos, or other documentation, to enable verification.

The Company reserves the right to approve or reject claims after reasonable investigation and verification.

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31. PROMOTIONAL OFFERS

The Company may introduce promotional campaigns, discounts, bundled offers, complimentary products, or other promotional schemes from time to time.

Unless otherwise specified:

  • Promotions are valid only during the stated promotional period.
  • Promotions are available while stocks last.
  • Promotions cannot be exchanged for cash.
  • Promotions cannot be transferred to another individual.
  • Promotions may not be combined with other offers unless expressly permitted.

The Company reserves the right to modify, suspend, or withdraw promotional offers at any time without prior notice, subject to applicable law.

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32. COUPON CODES

Coupon codes issued by the Company are subject to the following conditions unless otherwise specified:

  • one coupon may generally be applied per eligible Order;
  • coupon codes cannot be redeemed for cash;
  • expired coupon codes shall not be honoured;
  • coupon codes may have minimum purchase requirements;
  • coupon codes may exclude specific Products or categories;
  • coupon codes may be limited to first-time customers or selected users;
  • misuse, duplication, or unauthorised distribution of coupon codes may result in cancellation of Orders or suspension of promotional eligibility.

The Company's decision regarding the validity and application of coupon codes shall be final, subject to applicable consumer protection laws.

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33. GIFT CARDS

If the Company introduces gift cards in the future, such gift cards shall be governed by the terms published at the time of issuance.

Unless expressly stated otherwise:

  • gift cards shall be non-refundable;
  • gift cards shall not be redeemable for cash;
  • lost or stolen gift cards may not be replaced;
  • unused balances may expire in accordance with the applicable terms.

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34. LOYALTY PROGRAMMES

The Company may introduce customer loyalty, rewards, referral, or membership programmes from time to time.

Participation in any such programme shall be governed by separate programme-specific terms.

The Company reserves the right to:

  • modify programme rules;
  • revise reward structures;
  • suspend accounts;
  • terminate programmes;
  • withdraw benefits,

subject to applicable law.

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35. SUBSCRIPTION SERVICES

Should the Company introduce recurring subscription services for Products in the future, such subscriptions shall be governed by separate subscription terms.

The Company reserves the right to determine:

  • subscription eligibility;
  • billing frequency;
  • pricing;
  • cancellation procedures;
  • modification of subscription benefits.

Customers enrolled in subscription services shall be notified of applicable subscription terms at the time of enrolment.

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36. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise expressly stated, all intellectual property rights in and relating to the Website and its contents are owned by or licensed to Essentree Global LLP.

This includes, without limitation:

  • the NKECH brand;
  • logos;
  • trademarks;
  • trade dress;
  • product names;
  • product packaging designs;
  • product labels;
  • artwork;
  • photographs;
  • videos;
  • graphics;
  • icons;
  • illustrations;
  • website layout;
  • user interface;
  • website design;
  • source code (where owned);
  • databases;
  • text;
  • product descriptions;
  • educational content;
  • blogs;
  • marketing material;
  • promotional campaigns;
  • downloadable resources;
  • documents;
  • formulation-related content;
  • and all other proprietary materials made available through the Website.

These materials are protected by applicable copyright, trademark, design, trade secret, and other intellectual property laws of India and, where applicable, international treaties.

Nothing contained on the Website shall be construed as granting any licence or ownership interest in any intellectual property except as expressly provided in these Terms.

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37. TRADEMARKS

"NKECH", the NKECH logo, product names, taglines, slogans, brand identifiers, and all associated marks are proprietary trademarks or trade dress of Essentree Global LLP unless otherwise indicated.

Users shall not:

  • copy;
  • reproduce;
  • imitate;
  • register;
  • use;
  • modify;
  • display;
  • distribute;
  • exploit;
  • or create confusingly similar marks

without the Company's prior written consent.

Unauthorised use may constitute infringement under applicable trademark laws and may result in civil and/or criminal action.

38. COPYRIGHT

All original content appearing on the Website is protected by copyright.

Except where expressly permitted by law or authorised in writing by the Company, Users shall not:

  • copy;
  • reproduce;
  • republish;
  • upload;
  • download (except for personal, non-commercial use where technically permitted);
  • modify;
  • translate;
  • adapt;
  • distribute;
  • publicly display;
  • commercially exploit;
  • create derivative works from;
  • or otherwise use any Website content.

Limited downloading or printing for personal, lawful, and non-commercial use does not transfer any ownership rights.

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39. LIMITED LICENCE TO USE THE WEBSITE

Subject to compliance with these Terms, the Company grants Users a limited, non-exclusive, non-transferable, revocable licence to access and use the Website solely for personal and lawful purposes.

This licence does not permit Users to:

  • resell Website content;
  • reproduce product catalogues;
  • extract databases;
  • scrape product information;
  • mirror Website pages;
  • copy images;
  • use automated bots;
  • use artificial intelligence tools to systematically extract Website content;
  • commercially exploit Website materials;
  • interfere with Website operations.

The Company may revoke this licence at any time upon breach of these Terms.

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40. ACCEPTABLE USE

Users agree to use the Website responsibly and in accordance with applicable law.

Users shall:

  • provide accurate information;
  • respect intellectual property rights;
  • use the Website only for legitimate purposes;
  • comply with all applicable laws and regulations;
  • refrain from activities that interfere with Website operations.

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41. PROHIBITED ACTIVITIES

Users shall not, directly or indirectly:

  • engage in fraudulent activity;
  • impersonate another person;
  • submit false information;
  • interfere with Website security;
  • introduce viruses, malware, ransomware, spyware, or malicious code;
  • attempt unauthorised access to servers, databases, or systems;
  • reverse engineer Website software;
  • use bots or automated scripts to access the Website without written permission;
  • scrape or harvest product data;
  • misuse coupon codes;
  • create multiple accounts for abusive purposes;
  • manipulate reviews or ratings;
  • upload unlawful, defamatory, obscene, offensive, hateful, or misleading material;
  • interfere with other Users' enjoyment of the Website;
  • engage in activities that may damage the Company's reputation or operations.

The Company reserves the right to suspend or terminate access where such activities are reasonably suspected.

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42. USER REVIEWS AND SUBMISSIONS

The Website may permit Users to submit:

  • reviews;
  • ratings;
  • testimonials;
  • comments;
  • suggestions;
  • photographs;
  • videos;
  • feedback; or
  • other user-generated content.

By submitting such content, you represent and warrant that:

  • you own or control the necessary rights;
  • the content is accurate to the best of your knowledge;
  • the content does not violate any law or third-party rights;
  • the content is not false, misleading, defamatory, obscene, abusive, discriminatory, or fraudulent.

The Company reserves the rightβ€”but not the obligationβ€”to moderate, edit, decline, remove, or refuse publication of any user-generated content that, in its reasonable opinion, violates these Terms or applicable law.

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43. LICENCE GRANTED BY USERS

By submitting reviews, testimonials, images, videos, feedback, or other content, you grant Essentree Global LLP a perpetual (to the extent permitted by law), worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to:

  • use;
  • reproduce;
  • publish;
  • display;
  • distribute;
  • adapt;
  • translate;
  • edit for formatting or clarity (without materially altering the meaning);
  • incorporate into promotional materials;
  • use in advertisements, social media, websites, emails, catalogues, and other marketing communications.

Where required by applicable law, the Company shall honour valid requests for removal of personal information contained within such content.

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44. FEEDBACK AND SUGGESTIONS

Any suggestions, ideas, recommendations, product concepts, feature requests, or other feedback voluntarily submitted to the Company may be used by the Company without restriction, acknowledgement, or compensation, unless otherwise required by applicable law.

Submission of feedback does not create any confidential, fiduciary, or contractual relationship between the User and the Company.

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45. THIRD-PARTY LINKS

The Website may contain links to third-party websites, applications, or services for customer convenience.

The Company:

  • does not own or control such third-party services;
  • does not guarantee their accuracy or availability;
  • is not responsible for their content, privacy practices, security, or terms of use.

Users access third-party services at their own risk and should review the applicable terms and privacy policies before interacting with such services.

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46. WEBSITE AVAILABILITY

The Company endeavours to maintain continuous availability of the Website but does not guarantee uninterrupted access.

The Website may become temporarily unavailable due to:

  • scheduled maintenance;
  • emergency maintenance;
  • software updates;
  • server failures;
  • internet disruptions;
  • cyber incidents;
  • power failures;
  • third-party service outages;
  • events beyond the Company's reasonable control.

The Company shall not be liable for temporary interruptions except where liability cannot lawfully be excluded.

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47. ARTIFICIAL INTELLIGENCE, AUTOMATED TOOLS & DATA SCRAPING

Users shall not use artificial intelligence systems, automated agents, bots, crawlers, spiders, or similar technologies to:

  • scrape or extract Website content;
  • reproduce product information at scale;
  • harvest customer reviews;
  • copy images or videos;
  • replicate product descriptions;
  • train machine learning or artificial intelligence models using Website content without prior written consent;
  • interfere with the normal functioning or security of the Website.

The Company reserves all rights to protect its content, data, and intellectual property against unauthorised automated collection or commercial exploitation.

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48. PRODUCT DISCLAIMER

The Products offered by the Company are cosmetic and personal care products intended for external use unless expressly stated otherwise.

Unless specifically required by applicable law:

  • Products are not intended to diagnose, treat, cure, or prevent any disease.
  • Information provided on the Website is for general informational and educational purposes only.
  • Product descriptions, ingredient information, and usage recommendations should not be interpreted as medical advice.
  • Individual results may vary depending upon factors including skin type, hair type, age, lifestyle, environment, consistency of use, underlying medical conditions, and individual sensitivities.

Customers with known allergies, skin disorders, or medical conditions should consult an appropriately qualified healthcare professional before using any Product.

The Company recommends performing a patch test before first use where appropriate.

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49. WEBSITE DISCLAIMER

While the Company endeavours to maintain accurate and up-to-date information, the Website is provided on an "as is" and "as available" basis.

To the fullest extent permitted by applicable law, the Company does not warrant that:

  • the Website will always be available;
  • the Website will operate without interruption;
  • the Website will be free from errors;
  • all information will remain continuously accurate or current;
  • defects will be corrected immediately;
  • the Website will be free from viruses or other harmful components.

Nothing contained on the Website constitutes professional medical, legal, financial, or other professional advice.

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50. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Essentree Global LLP, its designated partners, directors, officers, employees, consultants, affiliates, licensors, contractors, agents, logistics partners, technology providers, and authorised representatives shall not be liable for any:

  • indirect loss;
  • incidental loss;
  • consequential loss;
  • exemplary damages;
  • punitive damages;
  • loss of profits;
  • loss of revenue;
  • loss of business opportunity;
  • loss of goodwill;
  • loss of anticipated savings;
  • loss of data;
  • business interruption; or
  • other indirect commercial losses,

arising out of or relating to:

  • use or inability to use the Website;
  • purchase or use of Products;
  • temporary Website outages;
  • technical failures;
  • delays in delivery;
  • third-party service failures;
  • payment gateway interruptions;
  • courier delays;
  • internet failures;
  • events beyond the Company's reasonable control.

Nothing in these Terms excludes or limits liability that cannot legally be excluded under applicable law, including statutory consumer rights.

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51. INDEMNITY

You agree to indemnify, defend, and hold harmless Essentree Global LLP, its designated partners, employees, officers, affiliates, consultants, contractors, licensors, service providers, and authorised representatives from and against any claims, losses, damages, liabilities, penalties, costs, expenses, or legal fees arising from or relating to:

  • your breach of these Terms;
  • misuse of the Website;
  • violation of applicable law;
  • infringement of intellectual property rights;
  • fraudulent conduct;
  • unauthorised use of another person's account;
  • submission of false information;
  • any act or omission attributable to you that causes loss to the Company or a third party.

This obligation shall survive termination of your use of the Website.

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52. SUSPENSION AND TERMINATION

The Company reserves the right, at its sole discretion and without prejudice to any other legal rights, to suspend, restrict, or terminate access to the Website where it reasonably believes that a User has:

  • breached these Terms;
  • engaged in fraudulent activity;
  • violated applicable law;
  • attempted to compromise Website security;
  • abused promotional offers;
  • infringed intellectual property rights;
  • provided false information;
  • otherwise acted in a manner detrimental to the Company's legitimate interests.

Termination of access shall not affect accrued rights, outstanding payment obligations, or any provisions intended to survive termination.

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53. FORCE MAJEURE

The Company shall not be liable for any delay, interruption, or failure to perform obligations arising from events beyond its reasonable control, including but not limited to:

  • natural disasters;
  • floods;
  • earthquakes;
  • fire;
  • epidemic or pandemic;
  • war;
  • terrorism;
  • civil unrest;
  • governmental actions;
  • changes in law;
  • labour disputes;
  • internet failures;
  • telecommunications failures;
  • cyber-attacks;
  • cloud infrastructure failures;
  • transportation disruptions;
  • power outages; or
  • any other force majeure event.

Performance affected by such events may be suspended for the duration of the event without liability.

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54. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the applicable laws of the Republic of India.

The rights and obligations of the parties shall be interpreted in accordance with applicable Indian statutes, regulations, judicial precedents, and consumer protection laws.

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55. DISPUTE RESOLUTION

The Company values amicable resolution of disputes and encourages Users to first contact Customer Support to seek resolution.

If a dispute cannot be resolved through mutual discussions, it shall be subject to the exclusive jurisdiction of the competent courts located in Rajkot, Gujarat, subject to any mandatory rights available to consumers under applicable law.

Nothing in these Terms shall prevent either party from seeking interim, injunctive, or equitable relief before a court of competent jurisdiction where appropriate.

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56. NOTICES

Any notices required under these Terms may be provided:

By the Company:

  • Email;
  • SMS;
  • WhatsApp;
  • Website notifications;
  • Courier;
  • Registered post; or
  • Any other legally recognised communication method.

By the User:

Through the official contact details published on the Website.

Electronic notices shall be deemed received when transmitted, unless proven otherwise.

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57. ASSIGNMENT

The Company may assign, transfer, novate, or otherwise deal with its rights or obligations under these Terms in connection with:

  • mergers;
  • acquisitions;
  • restructuring;
  • sale of business;
  • internal corporate reorganisation; or
  • other lawful business transactions.

Users may not assign or transfer their rights or obligations under these Terms without the Company's prior written consent.

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58. SEVERABILITY

If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a competent court or authority, such provision shall be severed to the minimum extent necessary.

The remaining provisions shall remain valid and enforceable.

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59. WAIVER

No failure or delay by the Company in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy.

Any waiver shall be effective only if made expressly in writing by an authorised representative of the Company.

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60. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Shipping Policy, Return, Refund & Cancellation Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between the User and Essentree Global LLP concerning access to and use of the Website.

They supersede all prior understandings, communications, or representations relating to the same subject matter.

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61. CONTACT INFORMATION

Essentree Global LLP
Brand: NKECH

Registered Office:
Tulsi Park 1,
Near Bhagirath,
Nana Mava Circle,
Rajkot – 360005, Gujarat, India

Customer Support Email: care@nkech.com

Customer Support Number: +91 77788 28283

Website: www.nkech.com

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62. EFFECTIVE DATE

These Terms of Use shall become effective from the date of publication on the Website and shall remain in force until amended, replaced, or withdrawn by the Company.