Term & Conditions

TERMS & CONDITIONS

INTRODUCTION:

Welcome to makemycart.in an online website (including its mobile version) and mobile application (collectively the “Website” ), which is operated and managed by Lakshima Private Limited (hereinafter referred to as “Company”, “we”, “our” or “us”).
The “Services” we provide or make available include: (i) the Website, (ii) the services provided by the Website and by client software made available through the Website, and (iii) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including any mobile application services) or other materials made available through the Website or its related services (“Content”). These terms and conditions govern your use of the Services provided by us.
If you are using the Services (the “User”, “you” or “your”) by using, accessing or browsing the Website and/ or registering an account with us, you acknowledge and agree that you have read, understood and agree to be bound by these Terms and Conditions in addition to the applicable laws and regulations of India, the policies referenced herein and/ or accessible by hyperlink hereto such as the Return, Refund and Cancellation Policy and the Privacy Policy on the Website (collectively, the “User Agreement”).
We reserve the right, at our sole discretion, to change, modify, add or remove these Terms and Conditions from time to time without any prior notification to you, and it is your responsibility to look through them as soon as possible. Your continued use of the Website and/ or the Services following the posting of changes shall mean that you accept and agree to such revisions.
The version of the User Agreement that will apply to your order will be those uploaded on the Website at the time you access or browse or use or place your order. The User Agreement do not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services.
Please read User Agreement carefully before using the Website or opening a user account (“Account”) so that you are aware of your legal rights and obligations with respect to the Company and the use of the Services. The Website is available for your use only on the condition that you agree to all the terms and conditions of the User Agreement. If you do not agree to all of the terms and conditions of the User Agreement, do not access the Website or use the Services. You are also responsible for ensuring that all persons who access the Website through your Account comply with the User Agreement.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession and use any item purchased from the Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner and subject to the provisions of the User Agreement.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. LIMITED LICENCE

We hereby grant you non-exclusive, non-transferable, limited and revocable license, without the right to sub-license, in accordance with the provisions of User Agreement, to access and use the Services subject to the terms and conditions of the User Agreement. No right or licence is granted directly or indirectly in any proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed on or accessible via the Website (the “Intellectual Property“) to any party accessing the Website to use or reproduce any Intellectual Property, and no party accessing the Website shall claim any right, title or interest therein. All such materials on the Website are subject to and protected by intellectual property laws and rights that are applicable in India. By using or accessing the Services, you agree to comply with the copyright, trademark, service mark and all other applicable laws that protect the Services, the Website and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Website or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the Website or Content on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Website).

3ELIGIBILITY TO USE:

In accordance with the applicable Indian laws, please do not enter this Website if you are under the age of 18. Exit the Website immediately if you are under the age of 18 as the Website is not supposed to and neither is designed for the purpose of attracting and marketing to users under the age of 18. By entering our Website, you agree that you are at least 18 years of age or older, and are capable, competent and able to comprehend the User Agreement. We do not authorize anyone nor collect information from any person who represents to be under the age of 18. If you are under the age of 18, you are neither permitted nor allowed to disclose and/ or send us any information that may be personal or otherwise can be traced to your personal being. Any transaction you make through this Website as a person under the age of 18 would be void and we would not be responsible for the compensation of any such transaction and/ or payment so made for the Products/ subscriptions available on the Website. This Website and all its Content are regulated and operated from India and any information, personal or otherwise, so provided during the usage of this Website, is regulated, and governed by the privacy laws of India.

An individual representing a company, partnership firm or sole proprietorship, shall be eligible to access the Website and place the order on its behalf only if such individual has been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/ or under the charter documents of such entity.

We reserve the right to, with prior notice: (i) suspend or terminate your Account, (ii) revoke your access to the Website, (iii) remove any Content associated with your Account, (iv) cancel or suspend any transactions associated with your Account, (v) withhold refunds, and/ or (vi) take any other actions that we deem necessary if you are found in contravention of the terms and conditions of the User Agreement and/ or of the applicable laws and regulations of India.

Notwithstanding anything contained herein, if you breach the User Agreement, the Company reserves the right to take any legal or other action against you, including but not limited to, denying or revoking access to the Website and referral to the appropriate authorities.

Please note that you may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules and regulations pertaining to your use of the Website.

4AVAILABILITY OF THE WEBSITE AND THE SERVICES

The Company does not guarantee that the Website or Services will be compatible with all hardware and software which you may use. The Company shall not be responsible for any issues in connection with equipment or intermediary platforms, browsers or applications that you use to access the Website and the Services.

As the Website is dependent on other third-party service providers for certain operational aspects (such as website domain hosts and payment services providers), and also due to the nature of the Internet, the Company makes no warranty that your access to the Website or use of the Services will be uninterrupted, timely or error-free, or will be free of viruses, worms and /or other harmful or invasive elements. We shall not be liable to you where access to the Website or the provision of Services is disrupted for any reason not within the control of the Company.

We may, from time to time, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services. In such cases, we shall ensure that it does not impact your right(s) in respect of the Services already availed by you.

The Website undergoes ad-hoc maintenance as the Company deems necessary, and we shall notify you. During the period of maintenance, you may not be able to avail the Service. However, we will ensure that it does not impact your right(s) in respect of the Services already availed by you.

Whilst the Company will use commercially reasonable efforts to make the Services available to you without any interruption, it does not guarantee that the Services will be fault-free. If a fault occurs with the Service, you should report it to us, and we will attempt to correct the fault as soon as practicable.

5PRODUCTS:

We sell certain products through the Website (the “Product(s)”). The Products or any sample thereof are for personal use only and you may not sell or resell any of the Products, or samples thereof, you receive from us unless agreed otherwise.

We make no representation(s) that the Products are appropriate for particular use or available for purchase. The inclusion of any Product or services on the Website at a particular time does not imply or warrant that these Products will be available at any time. You use the Website and purchase the Products solely at your own risk. The Products are in compliance with applicable laws and regulations on safety and quality of the Products. Except where additional terms and conditions are provided which are Product-specific, the terms in the User Agreement supersede all previous representations, understandings and/ or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

6PURCHASE AND PAYMENT

Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. We provide secure digital payment method and channels in accordance with the technical and regulatory standards approved or specified under the applicable laws.

For all charges or deposits for any Products ordered by you on or through the Website, we will bill your bank card or any alternative payment methods offered, and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment, you represent to us that you are the authorized user of the bank card that is used to pay for the Products and Services. In the event legal action is necessary to collect on balances due, you agree to reimburse us or our agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. We shall issue an invoice in compliance with applicable rules and regulations in India. Additional applicable tax may apply to online transactions made through the Website.

We take no responsibility and assume no liability for any loss or damages to you arising from shipping information and/ or payment information entered by you. We reserve the right to check whether you are duly authorised to use certain payment methods and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

7SHIPPING AND DELIVERY:

All Products purchased from the Website shall be delivered by the Company to you by standard courier services through its logistics partner(s) to the shipping address designated by you (as long as that shipping address is compliant with shipping restrictions).

You may return and claim refund or replace a Product purchased from the Website in accordance with our Return, Refund and Cancellation Policy available on the Website. Nothing herein is meant to limit your return or cancellation rights under the applicable laws.

Delivery of the Products shall be subject to the following delivery conditions:

We may require verification of information prior to the acceptance and/ or shipment of any order.

In case the User is not reachable or does not accept delivery of Product(s), the Company reserves the right to cancel the order(s) and refund if the payment is already made, without any liability, and we shall inform you accordingly.

All orders placed from Monday to Friday (excluding public holidays) will have an estimated time of delivery within fourteen (14) working days upon confirmation of payment. This could vary with circumstances such as online security checks, force majeure, shipping restrictions, payment authorization, packing and dispatching of order et cetera. An email confirmation will be sent to you for all orders once received.

Expected delivery times may vary from the timings estimated on the Website.

An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, delivery may take longer due to, inter alia,

— bad weather;

— flight delays;

— political disruptions;

— force majeure;

— Logistical impediments; or

— any other unforeseen circumstances.

No deliveries of the Products shall be made or accepted outside the territorial boundaries of India.

In case a User purchases multiple Products in one transaction, the Company may deliver the same together. However, this may not always be possible and shall be subject to availability of stock or logistical restrictions.

If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.

We shall not be responsible and liable in case of delay in delivery of the Products. If it will not be possible for you to benefit from the Products due to delayed receipt, you shall have right to return the Products and claim refund in accordance with the Return, Refund and Cancellation Policy available on the Website.

The User may cancel the order before it is shipped. If it is a prepaid order, the price of the Product will be refunded to the original payment source or payment wallet of the User who had placed the order, in accordance with the options chosen by the User, after the order is successfully cancelled.

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance or confirmation of an order. We reserve the right, with notice to you, to limit the order quantity on any Product and/ or to refuse service to any customer.

For any queries in relation to the return and refund or cancellation of Products or any order, please refer to our Return, Refund and Cancellation Policy available on the Website.

8USER REGISTRATION:

Your Account: Access to and use of password protected and/ or secure areas of the Website and/ or use of the Services are restricted to Users with a registered account only. You may create and hold one (1) Account only. You will be responsible for maintaining confidentiality of your account, password and controlling access to your account, and you hereby accept responsibility for all activities that occur using your Account. Each Account is non-transferrable and may not be sold, traded, combined or otherwise shared with any other person.

In registering for an Account, you shall provide accurate and complete registration information. We reserve the right at any time to request for additional information or supporting documents to verify the veracity of any information provided or in connection with your use of the Services. You shall ensure that your Account information is accurate and up to date. Such personal information will be stored securely. If you refuse to divulge such information and/ or data or if you provide and we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data, we reserve the right to suspend or terminate your Account and/or refuse use of part or all of the Services post notice to you.

If you are accessing or browsing or using the Website on someone else’s behalf, you represent that you have the authority to bind that person to the User Agreement herein. In the event that the person refuses to be bound as the principal to the User Agreement, you agree to accept liability and indemnify the Company against any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.

You may not obtain or attempt to obtain unauthorised access to such parts of this Website and/ or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the applicable Indian laws.

If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately. If we have found a breach or suspected breach of the security of your Account, we may require you to change your password temporarily or permanently block or suspend your account, post notice to you, without any liability to the Company.

You are solely responsible for all information or Comments that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy and other applicable laws.

You are fully responsible for all activities that occur using your Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this section.

9ACCURACY OF CONTENT AND INVITATON TO OFFER:

While describing our Products and other information on the Website, we endeavour to be as accurate as possible, in particular to ensure that prices quoted are correct at the time of publishing, and all Products have been fairly described. However, there can be negligible difference, including the typographical errors. Such differences may also relate to pricing and availability of the Product. Hence, we do not warrant that that Products conform to the pictures as displayed on the Website, or that Content is accurate, complete, reliable, current or error-free. Please note that the Product pictures are indicative and may not match the actual Product. While we make all reasonable efforts to accurately display the attributes of the Products, including the applicable colours, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. All Contents are subject to change at any time without notice. Prices are displayed inclusive of Goods and Service Tax (“GST”). The packaging of the Products may vary from that shown on the Website.

All the Products and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of the User Agreement.

We reserve the right to accept or reject your offer in part or in full. The Company’s decision to reject or cancel the order shall be final, and the Company shall not be liable for such rejection(s) or cancellation(s), whatsoever. Our acceptance of your order will take place upon dispatch of the Product(s) ordered. Dispatch of all the Product(s) ordered may or may not happen at the same time. In such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us, and we reserve the right to accept or reject such balance order. No act or omission of the Company prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/ or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/ contact you again to confirm dispatch and therefore, acceptance of the order. Please note that we may change, suspend or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product may be subject to change without notice or liability.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by us.

10USAGE RESTRICTIONS:

The Company is not responsible for any damages resulting from your using the Website. You shall not use the Website for any of the following purposes, as well as the purposes which are expressly prohibited under the applicable laws.

(i)

disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

(ii)

transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

(iii)

gaining unauthorized access to other computer/network systems;

(iv)

interfering with any other person’s use or enjoyment of the Website;

(v)

breaching any applicable laws;

(vi)

interfering or disrupting networks or websites connected to the Services;

(vii)

making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;

(viii)

harming minors in any way;

(ix)

infringing any patent, trademark, copyright or other proprietary rights;

(x)

violating any law for the time being in force;

(xi)

deceiving or misleading the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(xii)

impersonating another person or using a fraudulent computer network protocol address;

(xiii)

deploying software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website and cause them to stop functioning or being impaired, or resulting in crashing, deletion, omission, destruction or alteration of the program, system, website data or information; and/or

(xiv)

threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You shall not host, display, upload, modify, publish, transmit, store, update or share any Content or information that:

(i)

belongs to another person and to which the User does not have any right to access;

(ii)

is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, racially or ethnically objectionable, disparaging;

(iii)

is harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous or hateful to any person or groups of people, including minors;

(iv)

infringes any patent, trademark, copyright or other proprietary rights;

(v)

violates any law for the time being in force, including any laws and regulations against money-laundering, terrorism-financing or gambling, or is otherwise inconsistent with or contrary to any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation;

(vi)

deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

(vii)

impersonates another person;

(viii)

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

(ix)

contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or

(x)

is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and/or

(xi)

is expressly or impliedly prohibited under the applicable laws in Combatting Rumours and Cybercrimes,

You are also prohibited from:

(i)

violating or attempting to violate the integrity or security of the Website or its Content;

(ii)

transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;

(iii)

intentionally submitting on the Website any incomplete, false or inaccurate information, or otherwise use the Website and/ or Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(iv)

use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the UN Security Council, the European Union or the UK His Majesty’s Treasury;

(v)

making any unsolicited communications to other Users of the Website;

(vi)

using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

(vii)

harvest or collect any information about or regarding other Account holders, including any personal data or information;

(viii)

attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

(ix)

copying or duplicating in any manner any Content or other information available from the Website;

(x)

framing or hotlinking or deep linking any Content;

(xi)

taking any action that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services and/or

(xii)

acting in contravention of the applicable laws on Combatting Rumours and Cybercrimes.

11QUANTITY RESTRICTIONS

We reserve the right, at our sole discretion, to limit the quantity of Products purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit/ debit card and also to orders that use the same billing and/ or shipping address. We will provide notification to the User should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.

12PRICING INFORMATION:

The prices and availability of the Products, offers and Services provided or offered on the Website are subject to change at the sole discretion of the Company without prior notice or liability. We endeavour to be as accurate as possible; however, there can be negligible difference, including the typographical errors. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the Product ordered by you has been dispatched, your offer will not be deemed accepted, and we will have the right to modify the price of the Product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration or cancel the order and notify you of such cancellation. The payment for an order may be processed prior to dispatch of the Product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be refunded back to your original payment source after cancellation.

Promotional Offers/Discounts: Our promotional offers/ discounts may be limited to selected categories or may be limited stock offers. Coupon codes may or may not be applicable on selected categories of the Products or such other products or Services at the sole discretion of the Company. The prices displayed for each item under the promotion will be valid for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion. The Company may at its sole discretion modify, extend, update or withdraw the offers on the Products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the Website accordingly. A promo code once used may not be refunded in case of cancellation of order either by the User or the Company. In case of cash back offers extended by banks, the User will, in addition to these terms, be governed by the terms and conditions of the said bank/card issuer.

13INDEMNITY:

You agree to release, defend, indemnify and hold harmless the Company (including its licensors) its and their respective employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third-party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

When the Company is threatened with suit or sued by a third-party, the Company may seek written assurances from you concerning your promise to indemnify the Company. Your failure to provide such assurances may be considered by the Company to be a material breach of the User Agreement. The Company will have the right to participate in any defence by you of a third-party claim related to your use of any Content or Product, with counsel to be appointed by the Company at its expense. The Company may reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive our prior written consent regarding any related settlement. This section shall survive the expiry or termination of the User Agreement.

14PRIVACY:

The Company believes strongly in protecting the User’s privacy and providing you with the information regarding the Company’s privacy practices. Please refer to our Privacy Policy that is accessible at the Website.

Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Services.

You acknowledge, consent to and agree that we may access, preserve, and/ or disclose your Account information and Content in accordance with applicable laws, which may provide a list of situations where the personal data can be processed without the consent of the owner.

15FINANCIAL DETAILS:

You agree, understand and confirm that the credit/ debit card details or other financial details provided by you for availing of the Products or the Services on the Website will be correct and accurate, and you shall not use the credit /debit card or financial facility which is not lawfully owned/ obtained by you. You also understand that any financial information submitted by you is directly received by our bank/ payment service provider(s) and not taken by us and discharge us from any credit/ debit card or any other financial fraud whatsoever. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall exclusively rest on you since the Company does not access, store or keep debit card data or credit card data and or any other financial information. We and our associated bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyer’s fees from persons using the Website fraudulently. We and our associated banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

16COMMUNICATION:

When you visit the Website or send emails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17WEBSITE FEEDBACK, USER COMMENTS AND USER GENERATED CONTENT:

Other than personally identifiable information, which is subject to our Privacy Policy, all reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted to us by you on or by this Website or otherwise disclosed, submitted or transmitted in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay you any compensation for any Comments; and/ or (iii) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate the User Agreement or any rights of any third-party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’.

We do not regularly review posted Comments but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for any Comments you make, and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third-party. Further, you agree that the Company does not have the ability to control the nature of the Comments generated on the Website.

18OWNERSHIP OF INTELLECTUAL PROPERTY; COPYRIGHT AND TRADEMARK:

Ownership: The Intellectual Property in and to the Website, Services and the Content are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve the right to enforce our rights over these Intellectual Property to the fullest extent of the applicable laws.

All Content can be used as shopping resource only. Any other use of the Services and Content, including copying or storing in whole or part is strictly prohibited without the explicit permission of the Company. Access to the Services does not authorize anyone to use the Content in any manner whatsoever; except that you may download or copy the Content and other downloadable materials displayed on the Website for your personal non-commercial use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. Save as otherwise provide in aforesaid paragraph, you shall not modify, publish, transmit, transfer, update, share, distribute, display, reproduce, create derivative works from, repost, perform sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website and/or the Services. The Services are designed, updated and maintained by the Company or its licensors.

Access to this Website does not confer and shall not be considered as conferring upon anyone any license to use any of our or any third-party’s Intellectual Property. All rights, including rights to all Intellectual Property displayed on the Website and the Content therein are owned by or licensed to us and where applicable, third-party proprietors identified on the Website. All software used on the Website is the property of the Company or its licensors and may be used only as a shopping resource. All Content and software are protected by the applicable Indian and international intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of Content on this Website is the exclusive property of the Company or its licensors and is also protected by the applicable Indian and international intellectual property laws.

References on this Website to any names, marks, products or services of third-parties or hypertext links to third-party websites or information are provided solely as a convenience to you and do not in any way constitute or imply: (i) any affiliation with us; or (ii) our endorsement, sponsorship or recommendation of the third-party, information, product or service.

The Website also offers information, both directly and through indirect links to third-party websites about nutritional and dietary supplements. The Company does not always create such information, and the content published on the Website; instead, the information and content are often gathered from other sources. The Company does not endorse any such information or content, and the Company expressly disclaims any and all liability in connection with the same. The Company is not responsible or liable for the information or the content or any damage or loss that may result from your access to or reliance on such information or content.

19TERMINATION:

The User Agreement is effective unless and until terminated by either you or us. You may terminate your Account (and hence the User Agreement) at any time by notifying us in writing via email at info@muscleblaze.com of your desire to do so. We may terminate your Account (and hence the User Agreement) at any time by providing twenty four (24) hours advance notice, and accordingly deny you access to the Website and/ or Services. Such termination will be without any liability to the Company. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of your Account. Any such termination of your Account shall not cancel your obligation to pay for Products already ordered from the Website or affect any liability that may have arisen prior to termination.

Following the termination, you will not be permitted to use the Website, or the Services and the Company may, in its sole discretion and after notifying you, cancel any outstanding orders for Products. If your access to the Website or Services is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website or use of the Services.

20LIMITATION OF LIABILITY AND DISCLAIMERS:

This disclaimer constitutes an essential part of the User Agreement

The Website, and all Content and Services included on or otherwise made available to you through the Website, are provided “As Is” and without any warranties, claims or representations by us of any kind either express or implied including, without limitation, warranties of quality, performance, non-infringement of intellectual property, merchantability or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. You hereby agree to bear the risks associated with the use of the Website and any Content.

Without limiting the generality of the foregoing and to the maximum extent permitted by applicable law, the Company makes no representation or warranty, express or implied:

(i)

that the Services, the Website, the Content or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free;

(ii)

that the Website and/ or the server that makes the same available are free of viruses or any other harmful codes, instructions, programs or components;

(iii)

no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;

(iv)

as to the results that may be obtained from the use of the Products; or

The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.

To the maximum extent permitted by applicable law, the Company (including its licensors) shall not be liable whether in contract, tort (including negligence, product liability, strict liability or other theory) or other cause of action at law, in equity, by statute or otherwise for any indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, revenues, use, data or other intangible losses) arising out of or in connection with: (a) the use or the inability to use any Product, Content or Services; (b) the cost of procuring substitute Products; (c) any Products purchased or obtained or transactions entered into through the Website; or (d) any expected results from the usage of the Products, even if we have been advised of the possibility of such damages.

You acknowledge and agree that, subject to the applicable laws, your only right with respect to any problems or dissatisfaction with the Services is to (i) request for termination of your Account; and/ or (ii) discontinue any use of the Services; and/or (iii) return and refund or replacement of the Product as per the Return, Refund and Cancellation Policy.

If, notwithstanding the previous sections, the Company is found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, our (including our licensors) maximum liability to you or to any third-party for all liabilities arising out of the User Agreement and or Product, be it in tort or contract or otherwise, shall be limited to the amount charged to you, against the value of the Products ordered by you.

Any claim must be made no later than sixty (60) days from when the event giving rise to liability first occurred.

Some of the above limitations only apply to the extent permitted by applicable law and/ or regulation in India. Additionally, the User may have additional rights that many not be waived or disclaimed. The Company does not seek to limit User’s warranty or remedies to any extent permitted by applicable laws in India.

21HEALTH RELATED INFORMATION:

The health-related information contained on the Website is provided for information purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with the Company) for diagnosing or treating a health problem or disease or prescribing any medication. Any information and statements on the Website are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all the information provided on the Products packaging prior to use. The results from the Products will vary from person to person. No individual result should be seen as typical.

22WEBSITE SECURITY:

In accordance with the provisions of the prevailing Indian laws, you are prohibited from violating or attempting to violate the security of the Website, or use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website including, without limitation:

(i)

Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

(ii)

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(iii)

Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding’, ‘spamming’, ‘mail bombing’ or ‘crashing’;

(iv)

Sending unsolicited email, including promotions and/or advertising of products or services;

(v)

Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; and/or

(vi)

Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from [the Company] on this Website and other than generally available third-party web browsers (e.g., Google Chrome, Firefox, Microsoft Edge).

Violations of system or network security may result in civil or criminal liability in accordance with the applicable laws in India. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Website, we collect your personal details on a secured server through firewalls. The Company does not access, store or keep debit card data or credit card data and or any financial information. All transactions done using Secure Server Software (SSL) through third-party gateways and the Company plays no role in the transaction, except for directing the customers to gateways or relevant webpage(s). Accordingly, the Company shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of personal information while using the third-party gateways and or Website. Further, the Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any personal information concerning the User’s account and/or information relating to or regarding online transactions using credit cards/debit cards/cash cards/net banking and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information.

Whilst the Company makes every effort to protect the security of communications made through the Website, you shall be solely responsible for managing and maintaining the security of all aspects required to access or use the Website and your Account, including:

(i)

your login credentials, including your password to your Account;

(ii)

your email for receiving information and notifications;

(iii)

your phone and authenticator for two-factor authentication;

(iv)

recovery passphrases;

(v)

hardware or software used to access the Website;

(vi)

information or documents relating to your Account; and

(vii)

any other required forms of authentication.

You shall notify the Company in writing within 24 hours from the time you become aware of any unauthorised use of your Account, or other suspected Account-related security breach.

If the Company has reason to believe that that there is a breach of security, or the person logged into the Account is not the registered User or an authorized person of the registered User, or where the Account will be used for illegal, fraudulent or unauthorised purposes, or where there is any suspicious activity, the Company reserves the right to require you to change your login credentials, or suspend, restrict or terminate access to your Account and/ or use of the Website, or cease acting on your instructions, post notice to you, in accordance with applicable laws.

23ENTIRE AGREEMENT:

Unless otherwise specified herein, the terms set forth in the User Agreement constitutes the entire agreement between you and us with respect to the use of the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the use of the Website. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

24CONTACT INFORMATION:

If you have any grievance, comment, question or suggestion regarding any of our Products, Services or use of the Website, you may contact us as below:
Customer Care:
Mobile: +91 8527 732632
Email: info@muscleblaze.com
Grievance Officer:
Name: Brahm Rishi Sharma
Designation: General Manager – Customer Service
Email: grievance.redressal@brightlifecare.com
Contact: +91 8527 732632

25FORCE MAJEURE:

The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this section beyond our reasonable control. Further, if Force Majeure event takes place that affects the performance of our obligations under the User Agreement shall be suspended for the duration of Force Majeure event.

26EFFECT OF WAIVER

The failure of the Company to exercise or enforce any right or provision of the User Agreement will not constitute a waiver of such right or provision.

27WAIVER OF CLASS ACTION RIGHTS

Uless permitted under the applicable India laws, by accepting the User Agreement, you hereby irrevocably agree not to join claims with those of other in the form of a class action or similar procedural device, any claims arising out of, relating to, or connection with the User Agreement must be asserted individually.

28ASSIGNMENT

You may not assign your rights and obligations under the User Agreement to anyone. The Company may assign its rights and obligations under the User Agreement in its sole discretion and without advance notice to you.

29SEVERABILITY

If any provision or provisions of the User Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

30GOVERNING LAW AND JURISDICTION

The User Agreement shall be governed by and construed in accordance with the laws of India without regard to its conflict of law rules.

The parties submit to the non-exclusive jurisdiction of Delhi courts to settle any disputes which may arise out of or in connection with these Terms and Conditions.

TERMS & CONDITIONS

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