Terms & Conditions
Terms and Conditions
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.
Welcome
to the Mantra Organics.
Mantra
Organics provides the content and services available on this website to you
subject to the following Terms and Conditions, our Privacy Policy, Payment
Policy and other terms and conditions and policies which you may find
throughout our website in connection with certain functionality, features or
promotions as well as customer service, all of which are deemed a part of and
included within these terms and conditions (collectively, "Terms and
Conditions"). By accessing or using this website, you are acknowledging
that you have read, understood, and you agree, without limitation or
qualification, to be bound by these Terms and Conditions in this Agreement, so
please read this carefully before proceeding.
Privacy
Please
review our privacy-policy so that you may understand our privacy practices.
Payment
Policy
Please
see our Payment Policy to understand the purchase processes of our products.
All
international shipping orders may attract local duties applicable in that
country and accordingly the customer will have to pay such local duties/taxes.
Products
and Services for Personal Use
The
products and services described on this website, and any samples thereof we may
provide to you, are for personal use only. You may not sell or resell any of
the products or services, or samples thereof, you receive from us. We reserve
the right, with or without notice, to cancel or reduce the quantity of any
products or services to be provided to you that we believe, in our sole
discretion, may result in the violation of our Terms and Conditions.
Accuracy
of Information
We
attempt to be as accurate as possible when describing our products on the
website. However, except to the extent implied by applicable law, we do not
warrant that the product descriptions, colors, information or other content
available on the website are accurate, complete, reliable, current, or
error-free.
Intellectual
Property
All
information and content available on the website and its "look and
feel", including but not limited to trademarks, logos, service marks,
text, graphics, logos, button icons, images, audio clips, data compilations and
software, and the compilation and organization thereof (collectively, the
"Content") is the property of Mantra Organics, our Affiliates,
partners or licensors, and is protected by laws of India, including laws
governing all applicable forms of intellectual property.
Except
as set forth in the limited licenses in Section 6, or as required under
applicable law, neither the Content nor any portion of this website may be
used, reproduced, duplicated, copied, sold, resold, accessed, modified, or
otherwise exploited, in whole or in part, for any purpose without our express,
prior written consent.
Limited
Licenses
We
grant you a limited, revocable, and non-exclusive license to access and make
personal use of Mantra Organics website. This limited license does not include
the right to: (a) frame or utilize framing techniques to enclose the website or
any portion thereof; (b) republish, redistribute, transmit, sell, license or
download the website or any and/or all Content (except caching or as necessary
to view the website); (c) make any use of the website or any and/or all Content
other than personal use; (d) modify, reverse engineer or create any derivative
works based upon either the website or any and/or all Content; (e) collect
account information for the benefit of yourself or another party; (f) use any
meta tags or any other "hidden text" utilizing any and/or all
Content; or (g) use software robots, spiders, crawlers, or similar data
gathering and extraction tools, or take any other action that may impose an
unreasonable burden or load on our infrastructure. You must retain, without
modification, all proprietary notices on the website or affixed to or contained
in the website.
We
also grant you a limited, revocable, and nonexclusive license to create a
hyperlink to the home page of the website for personal, non-commercial use
only. A website that links to the website (i) may link to, but not replicate,
any and/or all of our Content; (ii) may not imply that we are endorsing such
website or its services or products; (iii) may not misrepresent its relationship
with us; (iv) may not contain content that could be construed as distasteful,
obscene, offensive controversial or illegal or inappropriate for any ages; (v)
may not portray us or our products or services, in a false, misleading,
derogatory, or otherwise offensive or objectionable manner, or associate us
with undesirable products, services, or opinions; and (vi) may not link to any
page of the website other than the home page. We may, in our sole discretion,
request that you remove any link to the website, and upon receipt of such
request, you shall immediately remove such link and cease any linking unless
separately and expressly authorized in writing by us to resume linking.
Any
unauthorized use by you of the Mantra Organics website or any and/or all of our
Content automatically terminates the limited licenses set forth in this Section
without prejudice to any other remedy provided by applicable law or these Terms
and Conditions.
Your
Obligations and Responsibilities
In
the access or use of the Mantra Organics website, you shall comply with these
Terms and Conditions and the special warnings or instructions for access or use
posted on the website. You shall act always in accordance with the law, custom
and in good faith. You may not make any change or alteration to the website or
any Content or services that may appear on this website and may not impair in
any way the integrity or operation of the website. Without limiting the
generality of any other provision of these Terms and Conditions, if you default
negligently or willfully in any of the obligations set forth in these Terms and
Conditions, you shall be liable for all the losses and damages that this may
cause to Mantra Organics, our Affiliates, partners or licensors.
Third
Party Links
We
are not responsible for the content of any off-website pages or any other
websites linked to or from the Mantra Organics website. Links appearing on this
website are for convenience only and are not an endorsement by us, our
affiliates or our partners of the referenced content, product, service, or
supplier. Your linking to or from any off-website pages or other websites is at
your own risk. We are in no way responsible for examining or evaluating, and we
do not warrant the offerings of, off-website pages or any other websites linked
to or from the site, nor do we assume any responsibility or liability for the
actions, content, products, or services of such pages and websites, including,
without limitation, their privacy policies and terms and conditions. You should
carefully review the terms and conditions and privacy policies of all
off-website pages and other websites that you visit.
Special
Features, Functionality and Events
Mantra
Organics may offer certain special features and functionality or events (such
as contests, promotions or other offerings) which may (a) be subject to terms
of use, rules and/or policies in addition to or in lieu of these Terms and
Conditions; and (b) be offered by us or by third parties. If so, we will notify
you of this and if you choose to take advantage of these offerings, you agree
that your use of those offerings will be subject to such additional or separate
terms of use, rules and/or policies.
Submissions
It
is our policy to decline unsolicited suggestions and ideas. Notwithstanding our
policy with regard to unsolicited suggestions and ideas, any inquiries,
feedback, suggestions, ideas or other information you provide us (collectively,
"Submissions") will be treated as non-proprietary and
non-confidential. Subject to the terms of our Privacy Policy, by transmitting
or posting any Submission, you hereby grant us the right to copy, use,
reproduce, modify, adapt, translate, publish, license, distribute, sell or
assign the Submission in any way as we see fit, including but not limited to
copying in whole or in part, creating derivative works from, distributing and
displaying any Submission in any form, media, or technology, whether now known
or hereafter developed, alone or as part of other works, or using the
Submission within or in connection with our products or services. You also
acknowledge that your Submission will not be returned and we may use your
Submission, and any ideas, concepts or know how contained therein, without
payment of money or any other form of consideration, for any purpose including,
without limitation, developing, manufacturing, distributing and marketing
products.
If
you make a Submission, you represent and warrant that you own or otherwise
control the rights to your Submission. You further represent and warrant that
such Submission does not constitute or contain software viruses, commercial
solicitation, chain letters, mass mailings, or any form of "spam".
You may not use a false email address, impersonate any person or entity, or
otherwise mislead us as to the origin of any Submission. You agree to indemnify
us for all claims arising from or in connection with any claims to any rights
in any Submission or any damages arising from any Submission.
User
Content
When
you transmit, upload, post, e-mail or otherwise make available data, text,
software, music, sound, photographs, graphics, images, videos, messages or
other materials ("User Content") on the website, you are entirely
responsible for such User Content. Such User Content constitutes a Submission
under Section 10 above. This means that all third parties, and not we, are
entirely responsible for all User Content that they post to the website. You
agree not to engage in or assist or encourage others to engage in transmitting,
uploading, posting, e-mailing or otherwise making available on the website User
Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, pornographic, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you
do not have a right to make available under any law or under contractual or
fiduciary relationships; (c) is known by you to be false, inaccurate or
misleading; (d) you were compensated for or granted any consideration by any third
party; or (e) infringes any patent, trademark, trade secret, copyright or other
proprietary and/or intellectual property rights of any party. In addition, you
agree not to transmit, upload, post, e-mail, or otherwise make available any
software viruses, unsolicited or unauthorized advertising, solicitation or
promotional material, including chain letters, mass mailings, or any form of
"spam". You further agree not to (i) impersonate any person or
entity, or falsely state or otherwise misrepresent your affiliation with any
person or entity; (ii) "stalk" or otherwise harass including
advocating harassment of another, entrap or harm any third party including
harming minors in any way; (iii) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any User Content; (iv)
intentionally or unintentionally violate any applicable local, state, national
or international law; or (v) collect or store personally identifiable data
about other users.
We
do not endorse or control the User Content transmitted or posted on the Mantra
Organics website and therefore, we do not guarantee the accuracy, integrity or
quality of User Content. You understand that by using this website, you may be
exposed to User Content that is offensive, indecent or objectionable to you.
Under no circumstances will we be liable in any way for any User Content,
including, without limitation, for any errors or omissions in any User Content,
or for any loss or damage of any kind incurred by you as a result of the use of
any User Content transmitted, uploaded, posted, e-mailed or otherwise made
available via the website.
You
acknowledge that we have the right (but not the obligation) in our sole
discretion to refuse to post or remove any User Content and we reserve the
right to change, condense, or delete any User Content. Without limiting the
generality of the foregoing or any other provision of these Terms and
Conditions, we have the right to remove any User Content that violates these
Terms and Conditions or is otherwise objectionable and we reserve the right to
refuse service without prior notice for any users who violate these Terms and
Conditions or infringe the rights of others.
Copyright
Complaints
We respect the intellectual property of
others. If you believe that copyrighted materials have been copied in a way
that constitutes copyright infringement, please send an email or written notice
to us for notices of infringement and provide the following: (i) identification
of the copyrighted work(s) that you claim has been infringed and that you are
the copyright owner or authorized to act on the copyright owner's behalf; (ii)
a description of the material that you claim is infringing and the location of
the material on the website; (iii) your address, telephone number and email
address to: care@mantraorganics.com
Note: The above contact
information is provided exclusively for notifying Mantra Organics that
copyrighted material may have been infringed. All other inquiries will not
receive a response through this process and should be directed to our customer
service group by email at: care@mantraorganics.com
Representations
and Warranties and Limitation Of Liability
Mantra
Organics website is presented "As Is". We make no representations or
warranties of any kind whatsoever, express or implied, in connection with these
terms and conditions or the site, including but not limited to warranties of
merchantability, non-infringement or fitness for a particular purpose, except
to the extent such representations and warranties are not legally excludable.
You
agree that, to the fullest extent permitted by applicable law, we will not be
responsible or liable (whether in contract, tort (including negligence) or
otherwise), under any circumstances, for any (a) interruption of business; (b)
access delays or access interruptions to the site; (c) data non-delivery,
mis-delivery, corruption, destruction or other modification; (d) loss or
damages of any sort incurred as a result of dealings with or the presence of
off-website links on the website; (e) computer viruses, system failures or
malfunctions which may occur in connection with your use of the site, including
during hyperlink to or from third party websites (f) any inaccuracies or
omissions in content or (g) events beyond our reasonable control.
Mantra
Organics personal care products are based on natural and Ayurveda formulations.
Though enormous efforts are made and precautions taken to render the products
absolutely safe for human use, it is possible that certain ingredients may
cause allergic reactions to certain individuals or adversely affect individuals
with pre-existing medical conditions. Please make yourself aware of the
ingredients and usage instructions accompanying each of our products to make
sure that they are safe for you to use. It will be your sole responsibility to
take proper precaution/ professional medical/ dermatological advice before
using any of our personal care products that you may be allergic to. You agree
that Mantra Organics will not be responsible or liable for any product related
issues including without limitation any allergic reactions to you on account of
usage of our products. For any purchases made through the Mantra Organics, you
will inter alia be governed by the limitation of liability and disclaimer conditions
provided in more detail with the product packaging/leaflets.
Further,
to the fullest extent permitted by law, we will not be liable for any indirect,
special, punitive, incidental, or consequential damages of any kind (including
lost profits) related to the website or your use thereof regardless of the form
of action whether in contract, tort (including negligence) or otherwise, even
if we have been advised of the possibility of such damages and in no event
shall our maximum aggregate liability exceed Indian Rupees 2000 only.
You
agree that no claims or action arising out of, or related to, the use of the
website or these terms and conditions may be brought by you more than one (1)
year after the cause of action relating to such claim or action arose.
Indemnification
You
agree to defend, indemnify and hold us harmless for any loss, damages or costs,
including reasonable attorneys' fees, resulting from any third party claim,
action, or demand resulting from your use of Mantra Organics or breach of these
Terms and Conditions. You also agree to indemnify us for any loss, damages, or
costs, including reasonable attorneys' fees, resulting from your use of
software robots, spiders, crawlers, or similar data gathering and extraction
tools, or any other action you take that imposes an unreasonable burden or load
on our infrastructure.
Disputes
With
respect to any dispute regarding the website, all rights and obligations and
all actions contemplated by these Terms and Conditions shall be governed by the
laws of India and the courts of New Delhi, India, as if the Terms and
Conditions were a contract wholly entered into and wholly performed within New
Delhi, India, subject to foreign legal mandatory provisions. To the fullest
extent permitted by applicable law, any dispute, differences or claim arising
out of your visit to the Mantra Organics website shall be referred to the sole
Arbitrator appointed by the Chairman and Managing Director of Mantra Organics
in accordance with the law. The venue of such arbitration shall be at New
Delhi, India and the award of the Arbitrator shall be final and binding on all
parties and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under these Terms and Conditions shall be joined to an arbitration involving
any other party subject to this Terms and Conditions, whether through class
arbitration proceedings or otherwise.
To
the extent arbitration is not permitted by applicable law, any dispute relating
in any way to your visit to the website shall be submitted to an appropriate
court or other judicial body in New Delhi, India, as applicable, without
prejudice to the applicable law and all applicable provisions of this Section,
and subject to our right to seek injunctive or other appropriate relief in any
court, if you have in any manner violated or threatened to violate our
intellectual property rights and you consent to exclusive jurisdiction and
venue in such courts.
Consent
to Receive Notices Electronically By Posting on The Website and Via Email
You
consent to receive any agreements, notices, disclosures and other
communications (collectively, "Notices") to which these Terms and
Conditions refer from us electronically including without limitation by email
or by posting notices on this website. You agree that all Notices that we
provide to you electronically satisfy any legal requirement that such
communications be in writing in English. To withdraw your consent to receive
Notices electronically, you must notify us of your withdrawal of such consent
by emailing us at: care@mantraorganics.com and discontinue your use
of this website. In such event, all rights granted to you pursuant to these
Terms and Conditions, including but not limited to the limited licenses set
forth in Section 6 hereof, shall automatically terminate. Unfortunately, we
cannot provide the benefits of this website to any user that cannot consent to
receipt of Notices electronically.
Please
note that this consent to receive Notices is entirely separate from any
election you may make with respect to receipt of marketing communications. Your
options with respect to receipt of marketing communications are set forth in
our Privacy Policy.
E-Gift Cards
(Terms & Conditions)
· The gift card can be
loaded in multiples of INR 500 with a minimum value of Rs 1000.
· The gift card shall be
valid for a period of 1 year from the date of issuance. Any unused balance will
not be refunded or credited when the card expires.
· The gift card can be
redeemed only at exclusive Mantra Organics stores or at www.mantraorganics.com
· The gift card can either
be used in full or partially and is not redeemable for cash or credit.
· Mantra Organics reserves
the right to amend these terms & conditions or discontinue the card at its
discretion.
· No replacement, refund or
compensations shall be payable in case of any damaged, mutilated or lost card.
· Dispute/s, if any, in
relation to this card and/or pursuant to the usage of this card shall be
governed in accordance with the laws of India and subject to the Courts of
Delhi.
· The gift card is not a
legal tender and can neither be recharged nor revalidated.
· No loyalty points will be
awarded on the value of the gift card during any transaction.
· The gift card cannot be
clubbed with any other promotion or benefit.
Free
Trial
· The Free Trial is
restricted to a maximum of 3 samples per order.
· Only one Free Trial may be
ordered at a time.
· A single customer can
order up to a maximum of 3 Free Trials only.
· The order of a Free Trial
cannot be combined with a purchase of full size products. For any other
purchase, a separate order must be placed from the same account.
· Mantra Organics reserves
the right to change/modify/add/delete any of the terms and conditions
prevailing on the Free Trial promotion and at its discretion, can
withdraw.limit the same from time to time.
General
You
acknowledge and agree that these Terms and Conditions constitute the complete
and exclusive agreement between us concerning your use of the website, and
supersede and govern all prior proposals, agreements, or other communications.
We
reserve the right, in our sole discretion, to change these Terms and Conditions
at any time by posting the changes on the website and providing notice of such
change. Any changes are effective immediately upon posting to the Site and
release of notice of such change. Your continued use of the website thereafter
constitutes your agreement to all such changed Terms and Conditions. We may,
with or without prior notice, terminate any of the rights granted by these
Terms and Conditions. You shall comply immediately with any termination or
other notice, including, as applicable, by ceasing all use of the website.
Nothing
contained in these Terms and Conditions shall be construed as creating any
agency, partnership, or other form of joint enterprise between us. Our failure
to require your performance of any provision hereof shall not affect our full
right to require such performance at any time thereafter, nor shall our waiver
of a breach of any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of these Terms and Conditions
shall be unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or invalid
as a whole but these Terms and Conditions shall be modified, to the extent
possible, by the adjudicating entity to most fully reflect the original intent
of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at: care@mantraorganics.com
Worldwide Copyright © Mantra Organics. (Brand owners Mantra Organics and Naturals). All worldwide rights reserved.