Terms of service
This Master Legal Agreement (“Agreement”) governs access to and use of www.livebyallmeans.com (“Website”) and the purchase, receipt and use of all fragrance and perfume products sold under the brand name By All Means (BAM) (“Products”). This Agreement constitutes a legally binding contract between you (“User”, “Customer”, or “Data Principal”) and By All Means (BAM), having its registered office at PASH VENTURES, House no. 3450 Dev Nagar , Nagpur , Maharashtra 440015 (“Company”, “BAM”, “we”, “us” or “our”). By accessing, browsing, registering, placing an order, or otherwise transacting on the Website, you expressly acknowledge and agree that you have read, understood and accepted the terms contained herein.
This Agreement is framed in compliance with the Indian Contract Act, 1872, the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Legal Metrology Act and Rules, the Drugs and Cosmetics Act, 1940 (as applicable to cosmetics), the Arbitration and Conciliation Act, 1996, and all other applicable laws in force in India.
1. STATUTORY DISCLOSURES
The legal name of the entity operating the Website is By All Means (BAM), having its registered office at PASH VENTURES, House no. 3450 Dev Nagar , Nagpur , Maharashtra 440015. Customer support may be contacted at support@livebyallmeans.com during business hours 10 AM to 6PM. GST details, where applicable, shall be disclosed in accordance with law.
2. ELIGIBILITY AND ELECTRONIC ACCEPTANCE
Access to the Website is restricted to individuals who are competent to contract under Indian law and who have attained the age of eighteen (18) years. Electronic acceptance of this Agreement through continued Website usage constitutes valid consent under the Information Technology Act, 2000. All electronic records, server logs, IP logs, transactional timestamps, OTP verifications, email confirmations and digital acknowledgements generated by the Company’s systems shall constitute admissible electronic evidence and shall carry evidentiary value in accordance with applicable law.
3. PRODUCT CLASSIFICATION AND PERFUME DISCLAIMER
All Products offered for sale are perfume and fragrance products classified as cosmetics. They are intended strictly for external application. They are not medicinal, therapeutic, hormonal, psychological, dermatological, or health treatment products and are not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition. Any descriptive terminology including but not limited to “luxurious,” “bold,” “magnetic,” “irresistible,” “sensual,” or similar expressions is promotional in nature and shall not be construed as a guarantee of behavioural, psychological, romantic, social or professional outcomes. Performance characteristics such as longevity, projection and diffusion vary depending upon individual skin chemistry, environmental factors, storage conditions and method of application.
PRODUCT USAGE, APPLICATION AND USER RESPONSIBILITY
The Products sold under the brand By All Means (BAM) are cosmetic fragrance formulations intended strictly for external application in accordance with standard perfume usage practices. The Products are designed for personal fragrance enhancement and are not intended for ingestion, inhalation, injection, therapeutic application, dermatological treatment, medical use, or any non-cosmetic purpose. Any use inconsistent with ordinary fragrance application shall constitute misuse.
Fragrance performance, including but not limited to longevity, projection, sillage, diffusion, intensity and scent perception, is inherently subjective and variable. Such performance is influenced by factors including individual skin chemistry, body temperature, humidity, environmental conditions, clothing fabric type, storage conditions, and frequency or volume of application. No representation or warranty is made that the Product will achieve uniform or identical performance across different individuals or environments. Perceived longevity or projection differences shall not constitute defect, deficiency of service, or misrepresentation.
Users with known sensitivities to alcohol-based products, essential oils, synthetic aroma compounds, or cosmetic ingredients are advised to perform a patch test prior to regular use. The Company shall not be liable for allergic reactions, irritation, redness, itching, respiratory discomfort, or other sensitivity responses arising from use of the Product, except where directly attributable to proven manufacturing defect. Continued use following initial irritation shall be at the User’s sole risk.
The Products may contain alcohol and volatile compounds and are flammable. The User agrees not to apply the Product near open flames, heat sources, electrical sparks, ignition points, while smoking, or in high-temperature environments. The Product shall not be sprayed toward the face, eyes, mucosal surfaces, broken skin, or inflamed areas. The Company shall not be liable for injury, burns, or damage arising from negligent handling, unsafe application, or disregard of safety warnings.
The User acknowledges that over-application, intentional concentration build-up, layering with incompatible cosmetic products, dilution, mixing with other substances, or decanting into alternate containers may alter chemical stability and increase risk of irritation or staining. The Company disclaims liability for adverse outcomes arising from modification, repackaging, alteration, or combination of the Product with other formulations.
Certain fabrics, particularly delicate or light-coloured materials, may react differently to alcohol-based perfumes. The Company does not guarantee that the Product will not cause staining or discoloration when applied directly to clothing. Users are advised to test on an inconspicuous area prior to application on garments. The Company shall not be liable for damage to clothing, accessories, upholstery, or personal property arising from application.
The Product shall be stored in a cool, dry environment away from direct sunlight, excessive heat, humidity, or temperature fluctuations. Degradation, evaporation, discoloration, altered scent profile, or reduced intensity resulting from improper storage shall not constitute a manufacturing defect or product deficiency.
Claims relating to adverse reaction, damage, or alleged defect must be supported by batch identification, proof of purchase, and reasonable evidence of proper storage and usage. The Company reserves the right to evaluate such claims, including laboratory review where necessary. Allegations unsupported by objective evidence may be rejected.
The Company shall not be liable for claims arising from intentional misuse, reckless application, consumption, inhalation abuse, resale handling, or use inconsistent with this Agreement. Aggregate liability, where established, shall in no event exceed the purchase value of the specific Product giving rise to the claim.
4. SAFETY, FLAMMABILITY AND STORAGE CONDITIONS
Perfume products may contain alcohol and other flammable compounds. The User agrees to use the Products strictly in accordance with safety instructions including external use only, avoidance of contact with eyes and broken skin, storage away from heat, flame or direct sunlight, and keeping Products out of reach of children. The Company disclaims liability for misuse, negligent storage, improper handling, or failure to follow safety directions.
5. ACCURACY AND MODIFICATION OF WEBSITE INFORMATION
Information made available on the Website is provided for general informational purposes. While reasonable care is taken to maintain accuracy, the Company does not warrant that such information is complete, current or error-free. Historical content may not reflect present circumstances. The Company reserves the right to modify, update or remove Website content at any time without obligation to revise previously published material.
6. ORDERS, ACCEPTANCE AND DIGITAL EVIDENCE
An order placed on the Website constitutes an offer by the User. Acceptance of such offer occurs only upon dispatch of the Product. The Company reserves the right to refuse or cancel any order in cases including but not limited to suspected fraud, abnormal purchasing patterns, reseller activity, pricing errors, inventory shortages, payment irregularities, regulatory restrictions or security concerns. Delivery confirmation including OTP validation, courier acknowledgment, GPS verification or digital receipt shall constitute conclusive proof of delivery. In the event of a delivery dispute, the Company’s electronically stored records shall carry evidentiary presumption under the Information Technology Act, 2000.
7. SHIPPING, RISK TRANSFER AND DELIVERY LIABILITY
Delivery timelines are indicative and dependent upon logistics partners and external conditions. Risk and title in the Product pass to the User upon confirmed delivery at the address provided. Incorrect or incomplete address details provided by the User shall absolve the Company of delivery liability.
8. STRICT NO RETURN POLICY
Due to hygiene, safety and quality control considerations applicable to fragrance products, all sales are final. Returns or exchanges shall not be permitted on grounds including dissatisfaction, subjective fragrance perception, longevity expectations, change of mind or personal preference. Replacement or refund may be considered only where demonstrable transit damage or incorrect delivery is reported within forty-eight (48) hours with adequate supporting evidence & unboxing video of the product after delivery. The Company retains sole discretion in evaluating such claims.
9. RESELLER PROHIBITION AND LIQUIDATED DAMAGES
Products are sold strictly for personal use. Unauthorized resale, redistribution, export diversion, marketplace listing, bulk commercial supply or grey-market circulation without prior written authorization constitutes material breach of this Agreement. In such event, the User agrees that liquidated damages calculated at three (3) times the Maximum Retail Price of the quantity involved represent a genuine pre-estimate of loss and are recoverable in addition to injunctive relief and recovery of legal costs.
10. INTELLECTUAL PROPERTY AND COUNTERFEIT ENFORCEMENT
All trademarks, brand names, bottle configurations, packaging trade dress, Website layout, digital assets and marketing materials are proprietary to the Company. Unauthorized manufacture, imitation, repackaging or sale of counterfeit Products shall invite civil and criminal remedies. The Company shall be entitled to immediate injunctive relief without requirement of bond where infringement is established.
11. INFORMATION TECHNOLOGY ACT COMPLIANCE AND CYBERSECURITY
Users shall not attempt unauthorized access to servers, interfere with Website functionality, introduce malicious code, scrape data, circumvent security measures, impersonate others or engage in conduct attracting liability under the Information Technology Act, 2000. The Company reserves the right to preserve and disclose digital evidence to appropriate authorities and to initiate civil or criminal proceedings where required.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Website and Products are provided on an “as is” and “as available” basis without express or implied warranties including merchantability or fitness for a particular purpose. To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, punitive or special damages including emotional distress, reputational harm, relationship consequences, business interruption, loss of profits or opportunity. Aggregate liability shall not exceed the purchase value of the specific Product giving rise to the claim.
13. INDEMNITY
The User agrees to indemnify and hold harmless the Company, its affiliates, officers, employees and agents from claims, losses, liabilities, damages or expenses arising from misuse of Products, breach of this Agreement, regulatory violations, reseller activity, or infringement of third-party rights.
14. PRIVACY POLICY AND DATA PROTECTION
The Company acts as a Data Fiduciary under the Digital Personal Data Protection Act, 2023. Personal data collected may include identity details, contact information, billing and shipping information, transaction records, technical identifiers such as IP address and device data, usage behaviour and communication records. Such data is processed for contractual performance, order fulfilment, fraud detection, cybersecurity monitoring, chargeback defence, regulatory compliance, analytics and marketing where consent is provided. Processing is based on consent, contractual necessity, legal obligation and legitimate uses permitted by law. Personal data is retained only for as long as necessary to fulfil contractual, regulatory, accounting, fraud prevention and dispute resolution purposes, after which it is securely deleted or anonymised. Data may be shared with logistics partners, payment processors, IT service providers and lawful authorities where required. Where data is processed outside India through authorized service providers, encryption safeguards, contractual protections, access controls and vendor audits are implemented. Data Principals have the right to request access, correction, erasure where legally permissible, withdrawal of consent, grievance redressal and nomination of a representative.
15. DISPUTE RESOLUTION AND ARBITRATION
All disputes arising out of or relating to this Agreement shall first be subject to a written notice and thirty (30) day cure period. Thereafter, disputes shall be resolved by confidential binding arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Nagpur, India, and proceedings shall be conducted in English before a sole arbitrator. The unsuccessful party shall bear arbitration costs unless otherwise determined. Users waive participation in class or representative proceedings.
16. FORCE MAJEURE AND SURVIVAL
The Company shall not be liable for failure or delay arising from events beyond reasonable control including cyber incidents, governmental restrictions, hazardous goods shipping limitations, regulatory embargoes or supply chain disruptions. Clauses relating to intellectual property, indemnity, limitation of liability, arbitration, data protection, reseller prohibition and enforcement shall survive termination.
17. ENTIRE AGREEMENT AND AMENDMENT
This Agreement constitutes the entire understanding between the parties and supersedes prior communications. The Company reserves the right to amend this Agreement at any time, and continued use of the Website constitutes acceptance of such amendments.
This Addendum forms an integral part of the Master Legal Agreement governing use of www.livebyallmeans.com and applies to all users accessing or transacting on the Website.
18. GOVERNING LAW
This Agreement and all disputes arising hereunder shall be governed by and construed in accordance with the laws of India.
19. USER REPRESENTATIONS AND WARRANTIES
By accessing or using the Website, the User represents and warrants that all information provided is accurate, complete and lawful; that the User is authorized to use the payment method submitted; that the User is not purchasing Products for unauthorized resale or commercial redistribution; and that the User shall not use the Website or Products for any unlawful purpose or in violation of applicable law.
The Company reserves the right to suspend or terminate access where such representations are found to be false or misleading.
20. COOKIES AND TRACKING TECHNOLOGIES
The Website utilizes cookies and similar tracking technologies to ensure proper functionality, improve user experience, analyze traffic patterns, prevent fraud, and enable security features. By continuing to browse or use the Website, the User consents to the placement and use of such cookies in accordance with applicable law.
Users may disable cookies through browser settings; however, certain Website functionalities may be impaired as a result. Analytical and security-related tracking may continue where legally permissible for fraud prevention and system integrity purposes.
21. WITHDRAWAL OF CONSENT AND DATA DELETION MECHANISM
Where processing of personal data is based on consent, such consent may be withdrawn by contacting the Company at support@livebyallmeans.com. Withdrawal of consent shall not affect processing undertaken prior to such withdrawal.
Withdrawal of consent may result in restriction or termination of access to certain Website features, including order processing and account maintenance.
Requests for deletion of personal data shall be processed subject to statutory retention requirements including taxation, accounting, fraud prevention, and dispute resolution obligations.
22. MARKETING COMMUNICATIONS
Marketing communications shall be sent only where the User has provided explicit consent or where permitted under applicable law. Each marketing communication shall include an opt-out mechanism enabling the User to unsubscribe.
Unsubscription requests shall be processed within a reasonable time. Transactional communications relating to orders, payments, security alerts, or regulatory compliance shall not be treated as marketing communications.
23. USER-GENERATED CONTENT AND MODERATION
Where the Website permits submission of reviews, comments, testimonials or other user-generated content, the User agrees not to publish unlawful, defamatory, infringing, obscene, misleading, or medically exaggerated statements.
The Company reserves the right, but not the obligation, to monitor, moderate, edit, remove or disable access to user-generated content that violates applicable law or this Agreement.
Users shall not post medical claims, therapeutic claims, or disease-related assertions in relation to Products. The Company disclaims responsibility for user-generated content to the extent permitted under Section 79 of the Information Technology Act, 2000.
24. SECTION 79 INTERMEDIARY SAFE HARBOUR
To the extent the Website hosts or displays user-generated content, the Company acts as an intermediary under Section 79 of the Information Technology Act, 2000 and claims safe harbour protection subject to compliance with applicable due diligence requirements.
Upon obtaining actual knowledge of unlawful content through appropriate notice or governmental order, the Company shall act in accordance with statutory requirements.
25. NOTICE AND TAKEDOWN PROCEDURE
Any person claiming that content hosted on the Website infringes intellectual property rights, violates applicable law, or constitutes unlawful content may submit a written notice to support@livebyallmeans.com containing sufficient details of the alleged violation.
Upon receipt of a valid notice, the Company may investigate and take appropriate action, including temporary suspension or removal of content where legally warranted.
False, frivolous, or malicious notices may result in legal action.
26. TAXATION, CUSTOMS AND EXPORT LIABILITY
Users are responsible for compliance with local taxation, customs, import duties, and regulatory requirements applicable to their jurisdiction. The Company shall not be liable for customs delays, seizures, import restrictions, or additional duties imposed by foreign authorities.
27. CYBER INCIDENTS AND SYSTEM OUTAGES
The Company shall not be liable for losses arising from payment network outages, banking system failures, server downtime, cyberattacks, denial-of-service events, regulatory shutdowns, internet disruptions, or other technological failures beyond reasonable control.
The Company reserves the right to temporarily suspend Website operations for maintenance, security upgrades, or risk mitigation.
28. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable by a competent authority, the remaining provisions shall remain in full force and effect.
29. WAIVER
Failure of the Company to enforce any provision of this Agreement shall not constitute a waiver of its right to enforce such provision at a later time.
30. ASSIGNMENT
The Company may assign or transfer its rights and obligations under this Agreement to any successor entity, affiliate, or purchaser of its business. Users may not assign their rights or obligations without prior written consent of the Company.
31. CONFIDENTIALITY OF DISPUTES
Any dispute, arbitration proceeding, or settlement arising under this Agreement shall remain confidential except where disclosure is required by law.